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Thread: Tescos car park

  1. #11
    Bravo is offline Member
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    Default Re: Tescos car park

    Quote Originally Posted by CrossFox View Post
    Sorry mate, I don't mind people having an opinion but to claim, as you do, that you are correct is misleading to others that might read this post.

    There are numerous cases, available to read online, that disprove your assertion. As far as the law is concerned, a public place is somewhere that the public would normally expect to be with the owners perceived permission. The time of day is relevant, the reasons for being there are relevant and the ease of access is completely irrelevant. A simple sign at the beginning of a road stating that it is a private road is more than sufficient, the fact that this sign is ignored does not make it a public road. A car park is considered public whilst it is used for the purpose that the owners intended, outside of this it is private ( church car park, club car park etc etc )

    I appreciate your help but would prefer to stick to fact and not fiction.
    If we're talking about technicalities - As a member of the public, I have often used a Tesco carpark (when the store is closed) to use the cashpoint on the wall. The cashpoint is built into the wall of the Tesco store and can be used 24/7 - so you could argue that the carpark is always a public place? You can also buy fuel 24/7 now, even when the garage is closed.

    The point I was trying to make is that this defence is really not applicable to you. The same can be said about why the officer breathalysed you. He did have a valid reason - the anonymous tipoff. Out of interest, what did you blow in the carpark? If I drank 2 pints of regular beer, I think i'd be pretty close to being over the limit (35), if not a tad over. I guarantee you that a trained traffic officer would be able to tell i'd had a drink - therefore have a valid reason to ask me to take a test. At the end of the day - it's his opinion. If he says he thought you had a drink and you blew 0, then he was still within his rights to ask you to do the test.

    All of this is pretty irrelevant because the roadside test is just a tool that allows the police to conduct further investigation. In a court of law - it means nothing really. The breathalyser at the station is what actually counts, and if you're going to 'get off', then it will probably be because the police messed up the procedure (didn't read you the things they should've etc) or maybe the machine wasn't calibrated properly or something. To be honest, this defence is more successful with blood/urine specimens. Do you know who did the procedure? Was it the same officers that stopped you? Were they traffic officers or beat bobbies? Obviously traffic are more experienced in this area of law and thus less likely to make mistakes.

    I'd suggest talking to a specialist motoring solicitor if you want to contest this. For future, I'd also suggest not drink driving because it's stupid, dangerous and expensive - not saying you are a drink driver of course.
    Last edited by Bravo; 07-27-2017 at 02:43 AM.
    price1367 likes this.


  2. #12
    splodger is offline Member
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    Default Re: Tescos car park

    When I was doing my aa course there was a guy on it who was breathalyzed in a private field while having a bbq and beers with his mates and racing there 4x4s. Can't remember what he blew but he went not guilty with legal advice and lost his case. Apparently even though it was private property the gate wasn't locked and there was no signs staying it was private land/ no access to the public.

    as you can imagine he was very pissed off and was classed as HRO with a very hefty fine.

  3. #13
    Bravo is offline Member
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    Default Re: Tescos car park

    Quote Originally Posted by splodger View Post
    When I was doing my aa course there was a guy on it who was breathalyzed in a private field while having a bbq and beers with his mates and racing there 4x4s. Can't remember what he blew but he went not guilty with legal advice and lost his case. Apparently even though it was private property the gate wasn't locked and there was no signs staying it was private land/ no access to the public.

    as you can imagine he was very pissed off and was classed as HRO with a very hefty fine.
    That doesn't surprise me at all. Drink driving law has effectively become a battle of technicalities.

    I'm quite keen to see how this pans out. I think you'd be VERY lucky to get acquitted OP.
    Last edited by Bravo; 07-29-2017 at 05:53 AM.

  4. #14
    CrossFox is offline Member
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    Default Re: Tescos car park

    Sorry boys but there are numerous cases available on the web that show that private land is quite often an easy case to prove. A vicar proved that the church car park was private when the church was not in use. Police will almost always wait for a driver to leave a pub car park before pulling them over. One driver was asleep in his car on a causeway leading to a few properties, he was found not guilty as the causeway was only for the use of these properties, no gates, no signs etc. Another driver was found not guilty on a private access road to properties, the only thing separating this private road and the public road was a strip of grass.
    If I had the time, I would provide links but I'm sure you could find them.

    This forum, hopefully, is to assist people who have been accused of DD. Now what I did was stupid and I accept that but to lose my licence and have massively increased insurance premiums for the next God knows how long, due to approximately half a pint of beer over the limit is unfair. If I can fight this, legally, great. If I can't, so be it. However I would prefer to see some facts and not opinions, as facts are useful and opinions are not. Cheers

  5. #15
    hewl is offline Member
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    Default Re: Tescos car park

    Is this related to your previous drink driving offence or a new one?

  6. #16
    CrossFox is offline Member
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    Default Re: Tescos car park

    Quote Originally Posted by hewl View Post
    Is this related to your previous drink driving offence or a new one?

    I was found not guilty so therefore no offence occurred. Thanks though. It was a private road, I was not driving. So in answer to your question, No it is not.

  7. #17
    hewl is offline Member
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    Default Re: Tescos car park

    If I recall correctly, your defence was based on a technicality so perhaps 'no offence was committed' is a little misleading. Maybe 'got away with it' would be more accurate but anyway back to this offence.

    Your original question has been answered several times by several posters.

    A supermarket car park and any access to it is not classed as a private road as it is fully accessible by the public.

    If you do not agree with that there was no point in asking in the first place.

    As you are adamant that you are right and everyone else is wrong simply plead not guilty and present your evidence, advisably (for you) not just links to a vicars case.

    Good luck, keep us updated on the result!

  8. #18
    CrossFox is offline Member
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    Default Re: Tescos car park

    If by technicality, you mean the Law, then yes, I must have 'got away with it'.

    The accusation that I believe I am right and everyone else is wrong is extremely flippant. I have pointed out that some answers were factually incorrect, misleading to others that come to this forum looking for sound advice.

    You have offered no help or advice whatsoever, your only goal appears to be that of 'stirring **** up'.

    If you have something meaningful or helpful to post, please do. If not take your childish attitude elsewhere.

    I am aware that the 'boys in blue' do like to cause problems on sites like this, is that what you are ???

  9. #19
    Bravo is offline Member
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    Default Re: Tescos car park

    Quote Originally Posted by CrossFox View Post
    A vicar proved that the church car park was private when the church was not in use.
    There's a bit of a difference between a church and a massive supermarket?

    I'm guessing the church doesn't have a garage onsite that allows people to get fuel 24/7? It doesn't have people working inside (and therefore using the carpark) whilst it's 'closed', and it doesn't have a 24/7 ATM built into the wall?

    Two completely different examples. If you are so adamant that it is how you think it is - why are you asking for advice?

  10. #20
    hewl is offline Member
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    Default Re: Tescos car park

    Convicted Driver Insurance Quotes
    Point being you argued technicalities last time and are doing so once again. Has it not occured to you by now that alcohol and cars do not mix?

    You have been told there are no issues with how or why you were stopped. The fact you blew over makes any reasons irrelevant.

    You have also been told that a supermarket car park and/or access is not deemed private.

    You can argue against these points as much as you like and nit pick with details but it will not alter the facts nor the outcome.

    You need to prepare for a disqualification.

    Arguing the toss in court as you are here will backfire on you so if you read between the lines l am actually advising you by giving you a reality check.

    It may be normal to try and get out of this by any means necessary but you really do not have a get out this time.

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