[Closed] sleeping in cars when 3 sheets to the wind and the law

Swallow the keys.

Tons of case law on this, the gist of which is likelihood of driving. Stick the keys in a pocket tucked out of the way whilst slumbering in a decent camp bed and no decent polis will rattle your cage.

I think the key is not looking like you just stopped to sleep there as you were too pissed to carry on!

The European Courts say you have to prove you were not going to drive whilst still over the limit but the UK opted out of this and retained its law that requires the police to prove likelyhood that you were going to drive whilst still over the limit.

If you are parked up at the spot you are going to ride out from in the morning and so can reasonably prove you were not going to drive the vehicle then you will be fine. But if you are parked at a random spot then they could argue that you would have driven.

Just be careful and sensible, it may be a good idea to tell the bar staff in conversation, that way you will have some record of your intent 'not' to drive which in our green and glorious land should be enough.

Worth noting that the coppers don't always know the law.... I only found all this out from the wonderful duty solictor that handed me my life back one very nerve racking day a couple of years back.

IIRC it's not as harsh as suggested above.

Sleeping in the passenger seat should got you off any attempted drunk drive charge.

Do not put the keys in the ignition (ie to use the stereo or heater).

Friend of mine was done for drink driving in N Wales whilst asleep in his car outside the pub as he had keys in the ignition.

I've slept loads in cars and in 'white van' campers in laybys over the years. I've had plod knock on the window a couple of times when I've clearly been drinking (one time I actually knocked over a part drunk can of Stella onto the police man whilst opening the sliding door... and had no problems at all. Each time a check to see I'd be moving on, but with a knowing 'not too soon now sir'.
Sleeping bag, passanger seat (or in the back if you've got folding flat rear seats) and you'll have no bother.

Put the keys in an envelope and write on it the date and time etc with explanation of who you are and what you're doing. When the police knock on the window, hand them the envelope. Done this a few times, when quite merry and it was all good.

I only found all this out from the wonderful duty solictor that handed me my life back one very nerve racking day a couple of years back!

🙂 a wonderful bike !

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When the police knock on the window, hand them the envelope.

Just make sure it's the envelope with the keys in and not the one full of skunk buds that you bought earlier from a bloke in the pub

I posted a [url= http://singletrackworld.com/forum/topic/drink-drive-law-query ]similar thread[/url] a while back which got some decent responses.

Putting a steering wheel lock on and leaving the keys in the pub sounds an ok idea.

Or 'buy a cheap tent'. Having slept in cars before, I'd do anything to avoid that in the future - even a tarp to sleep under is better than sleeping in a car IMHO.

Avoid sleeping in the driving seat, if you do get a tap on the window its a lot easier to explain that you've no intention of driving if you're curled up in the back.
No lawyer here, but I believe you can be "drunk in charge of a motor vehicle", but not without the keys . So leave the key at the bar or hide it tucked in behind/under your wheel outside.

Put one of these on your car...
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On the old thread some one suggested a key safe

http://www.extremehorizon.com/acatalog/Keypod_car_key_safe.html

I wonder if there is any mini timed safe that you could use to stored the key in, set to say 8am the next day. You can't drive the car when you can get at the key! If you have a flip key with remote unlock you could get a spare with no key piece. So you lock up the key so can't drive the car, but can still lock/unlock it.

Having slept in cars before, I'd do anything to avoid that in the future - even a tarp to sleep under is better than sleeping in a car IMHO.

Depends on the car - I can lie flat in the back of mine with the seats down, so frequently do it with a thermarest and sleeping bag e.g. when catching early morning flights. Means I can sleep in pulloffs at the side of the road where I couldn't put up a tent, and can be off driving after a decent nights sleep within 5 minutes of my alarm.

^but you look a bit odd

Depends on the car - I can lie flat in the back of mine with the seats down, so frequently do it with a thermarest and sleeping bag

Done this a few times, only problem is condensation when it's chilly, it's alright in the dry, just leave the window open and chuck on another layer, but I've not figures out what to do in the wet yet.

Police in Ft William, I think it might have been Inverness plain clothes drafted in for the world cup, delivered me to my car after returning my keys that I had dropped in the pub. I had to jump out of their car to throw up while waiting for the local uniform officers to bring the keys out to us. Do not know how i didn't spend a night in the drunk tank...

I did promise them I wouldn't put the keys anyhere near teh ignition until the next day and crawled in the boot to pass out on top of my non-inflated thermarest and still packed sleeping bag. - Not my proudest day/night...

My nephew was woken by the police whilst fast asleep in his car after a night out, he was breathalysed, found to be over and then banned!!!! 😯

His only crime was to be a naive young lad who did not have the experience to blag his way out of it, VERY unfair on him as he lost his job as a result of this!! So my advice would most definitely be, don't do it!

Disconnect something in the engine or preferably remove something and keep in the cabin with you as you sleep, that way there is no way anyone can say you were intending to drive it.

IMO i'd stay away from the driver's seat and park legally. i don't know for certian, but i'm sure you'd be able to claim you need the heater/radio if the keys were in the ignition, as long as you are not in the drivers seat and are pleasant to plod

stash the keys out of reach. Ive come across a few people who were homeless/chaotic and slept in cars and most coppers have some common sense. If youre in the drivers seat with the keys in the ignition expect some suspicion youv'e driven drunk and just stopped. If the keys are somewhere else (glove compartment, shoe whatever) and you have something with you that suggests you intended to sleep there (pillow, sheet etc) then you should be fine. Plenty of belt-and-braces ideas above if you are paranoid.

At least you should (by now if not before) be aware of the law so would know how to handle the situation if you were approached, but being non-local with a bike in/on the car I would have thought you'd present as what you say youre doing.

Think it may have been said but park in pub car park and leave keys with them if they are amenable (though if the offer B+B they might not be too keen!).

quote]The European Courts say you have to prove you were not going to drive whilst still over the limit but the UK opted out of this and retained its law that requires the police to prove likelyhood that you were going to drive whilst still over the limit.

This is incorrect.

Sections 4 & 5 of the Road traffic act state it is an offence to be drunk in charge of a mechanically propelled vehicle/motor vehicle on a road or public place (this includes pub car parks) whilst over the prescribed limit.

It is up to the accused to prove that there was no likelihood of them driving at this time. It is an unusual offence in that it is up to the defence to prove they [i]Wouldnt[/i] do something (as oppose to the prosecution having to prove they did something). However, beat practice dictates you will be interviewed about it before a charging decision is made.

As stated above, keys out of ignition etc. In glove compartment, you kipping in back are all good.

Remove part of your engine and sleep with it ! - are you indeed mental

Like stealth bivying stealth car sleeping is an art ......

Ive bivied in a town before and not been stumbled upon .....and ive slept in a car in a carpark in aviemore before and not been stumbled upon and in dundee In the carpark outside stratpsphere

Its choosing the correct places and positioning your car out the way so not to attract attention - being the only car in a layby at night attracts more attention than in a car park with a few empty cars ....

Wife (who is a JP) says: "key in the ignition - even to run the heater means a ban". In a car, never sleep in the driver's seat - preferably the back seat. Keep the keys in the glove box and sleep in the back.