Tescos car park

[TagHeuer]

Forgive me for a minute.

You got breathalysed in a Tesco car park which by deed is comfirmed as to be treated as a public road. (see the signs in the car parks, the info on the parking notices and somewhere I think on their website.

Let's pretend for a moment the car park is private land.. just for fun.

How would one in a car, access this private car park? I am assuming in a car via road. A public road.

SO if police had stopped you 2 mins later on a public highway, would the events have changed? I doubt it.

The fact crucial to this matter is that it is classed as a public highway, you were stopped, breathalysed and failed. You have no credible defence.

 

[AlanT73]

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

Please take the time to find the links and put them up, I'd be very interested to see the full facts.

You have been told may times on this thread that you have no defence on both the reason why you were stopped and where you were stopped but you seem to be in denial. As for being 'just over the limit', the legal limit is 35 and you blew 44 which is 25% over. The police don't take further action up to 39 so there is still considerable leeway above the legal limit and you exceeded even that by a considerable margin. You may feel it is unfair but line has to be drawn. You crossed it. Not believing you were over the limit at the time is not a defence either as obviously everyone would say that. You think it's unfair? People injured by drink drivers think it's unfair, families of those killed by drink drivers think it's unfair.

You haven't been convicted yet and if you still really believe you have a defence then I am sure there are plenty of firms willing to take your money. It's a potentially expensive gamble and you'll still pick up the bill regardless.

You've been given advice and facts by many individuals, either take it or continue to bury your head in the sand.

 

[Bravo]

Forgive me for a minute.

Let's pretend for a moment the car park is private land.. just for fun.

How would one in a car, access this private car park? I am assuming in a car via road. A public road.

The police would need evidence that the defendant had driven to the private car par via the public road.. and then he'd have to prove that he'd somehow consumed the alcohol whilst he was on the private land. I don't think he'd be expected to prove that he hadn't driven though - they still have to prove that you'd driven.

There's been cases where people have been found asleep at the wheel in a layby in the middle of nowhere - incredibly intoxicated. They were charged with being drunk in charge - because although they obviously drove there, and they would've been drunk - there's no witnesses to say they were driving and they may be an empty bottle of spirits that he'll obviously say he drank in the layby. The police would probably try to get a confession in order to prosecute for drink driving - but if you deny it then I don't think they would be able to charge you with drink driving.

 

[Millie]

I'm sorry to say your defence as you call it is utterly pointless. You were over the limit on a public road. There are no two ways about it. I suspect you know that but are clutching at straws. The magistrates will not be interested in this nonsense . Instead of spending time trying to get off for a second time on a technicality, which happily there isn't here, deal with your problem with alcohol and honesty more generally.