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40 clinks

You appear to know about motoring law than most people I know, so I wonder if you could resolve a minor issue between me and my son?
Next week he has to attend a stag do to celebrate the marriage of an old University friend, and all the group are taking sleeping bags with the intention of dossing down on the floor at the end of the evening. He accepts that he will be over the legal alcohol limit, but is not looking forward to the sleeping arrangements. As he has a large estate I suggested he makes himself a comfortable bed in the back of the car and have a chance of a more peaceful night's sleep. There is no off street parking in the area so it would mean him sleeping in a car that was on the public highway. I did it in my younger hippie days but my son feels regulations have tightened since then and that now he could be breathalysed even in his pyjamas and tucked into a sleeping bag - is he correct?

Asked on 5 June 2010 by PF, Devizes,

Answered by Honest John
Unless the car is parked off the road in a private driveway, blocked in by other cars, he could get done for being "drunk in charge of a motor vehicle in a public place", so I don't advise it. Even private road or private carpark could be construed as “a public place”.
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