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Sunday, 7 April 2019

Drink Driving and Public Places


Disappointingly, given public awareness of the dangers of mixing alcohol and vehicles, drink driving remains one of the more common offences dealt with by the Magistrates' Court.

It is a very serious offence. Anyone convicted of drink driving faces disqualification, which will undoubtedly cause them significant social and/or financial inconvenience. They will also face steeper insurance premiums as well as the social stigma attached to this particular crime.

Despite numerous Department for Transport anti-drink driving campaigns over the years, there are still far too many people of the opinion that consuming an alcoholic drink or two is acceptable before taking to the driving seat.

I am of the firm belief that any amount of alcohol in a person's body can seriously impair their ability to drive safely and to the required standard. That being the case, anyone intent on driving should refrain from alcohol entirely.



Something else that worries me, hailing from a rural area as I do, is the misguided impression that the police aren't bothered about enforcing the legislation on deserted, winding country roads and farm tracks.

The relevant legislation, section 5 of the Road Traffic Act 1988, makes it an offence to drive or be in charge of a motor vehicle on a road or other public place when over the prescribed alcohol limit. The offence can just as easily be committed on a motorway as a bridleway or supermarket car park - all that matters is that it is a public place where other drivers and/or pedestrians can come and go freely.

I am reminded of a case where a pub diner, who was under the influence of alcohol, went into the car park to move his vehicle into a more desirable space when it became available. He ended up jostling for the parking space with another driver, which led to an argument and the police being called. On arrival, having heard the circumstances, the police officer decided to breathalyse the diner, who was over the limit and subsequently convicted of drink driving.

Another case that springs to mind is that of a resident on a caravan park. The park, despite being private property, was ungated and therefore had public access. The man in question had enjoyed a few beers earlier in the evening, but events turned sour and he ended up arguing with his partner. He decided that he would let the dust settle by sleeping outside in the car. The people in the caravan next door, who had earlier been disturbed by the argument, called the police when they saw him staggering towards the vehicle. The police attended, the man was breathalysed and subsequently convicted of being drunk in charge of a motor vehicle.

The take home message is that anyone drinking alcohol should definitely be nowhere near the driving seat until they are absolutely sure that they are sober and fit to drive.

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