Drunk in charge of a vehicle in a public place? Not if it’s a private car park!

The law is that a person who drives, or attempts to drive, or is in charge of a vehicle “on a road or other public place” while unfit through drink or drugs is guilty of an offence.

However, a recent case (Feb ’19), reminds us that a place is “public” only if the public are permitted to use it.

And whilst that will include a pub car park during licensed hours, it does NOT include private car parks, e.g. behind business premises, which the public do not have a general permission to use.

If you are being prosecuted for a drink drive offence, consult James Kirby before entering your plea – you may well have a defence!