Over limit on the beach

Convicted Driver Insurance

Garfield

New Member
Hi, my partner decided to spend his day off with a mate going to Skegness. On the way they had a drink but then proceeded to drive the car onto a beach close to the town with the intention of stopping for a while by the sea and then walking into the town for a couple of hours. They opened a can of lager each and sat close to the car but in the meantime a local called the police as the car should not have been on the sand (which was stuck anyway and needed the council to tow it off).
As the coppers saw the drinks cans my partner was breathalysed & was positive. At the machine at the station he blew .9 over (about half a pint). He explained the circumstances and the police said they would be in touch if they decide to take the matter further.
Given that he was out of the car, not parked on a public road, intending to walk into town and not have anymore to drink, being about half a pint over and given the fact the police saw him drinking on the beach after the car was parked, what might be the outcome? Thank you
 
It may be that the police charge him with being 'drunk in charge of a motor vehicle.' That is often the charge they go for if there is no evidence of your driving. For this charge to be laid the police need to be satisfied that there was a possibility (no matter how small) of your partner driving whilst being over the prescribed alcohol limit. As the police have obtained a specimen of breath showing he was over the prescribed limit, if they decide to charge, then it will for your partner to prove to the court that there was no possibility of him driving the vehicle at a time when he would have been over the legal limit. That can be done by advancing a factual version of events about the intended movements that day supported by a report from a forensic toxicologist to comment of the likely level of alcohol at the time. If the court accept that you would not have driven until your stated time and the expert report establishes that you should have been under the limit at that time then you should be acquitted.

Whilst the car was not on a road at the time the police were on the scene, an offence can still be made out here as the beach would be considered a public place within the definition of the Road Traffic Act 1988. Given that the car was incapable of being moved it may be that the police feel there is insufficient evidence to proceed.
 
Enter code DRINKDRIVING10 during checkout for 10% off
Top