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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70646
Experience:  Over 5 years in practice
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can i be charged with drink driving in private caravan scite

Customer Question

can i be charged with drink driving in private caravan scite with barriers down i.e. road blocked . road in gravel or dirt track ????
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

for jomo 1972 i live in a private caravan park . road has barriers so pass needed to enter after barriers road is gravel or dirt so can i drive back from clubhouse insid barriers after having 3 pints .

Expert:  Jo C. replied 4 years ago.
Are they saying that you also drove on public road?
Customer: replied 4 years ago.

no saying i drove in the grounds of holiday park .

Expert:  Jo C. replied 4 years ago.
On the face of it, there would seem to be a defence.

The test to be considered is whether this is a road or public place.

Whether or not a place is public depends upon whether it is accessible to people who are admitted as members of the general public not members of some special particular class of the public.

If you are saying that people can only enter if they have pass then they would seem to be members of a class of the public.

You should bear in mind that cases are decided on a case-by-case basis however. Certainly though, all of the cases require the land to be accessible to members of the general public.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 4 years ago.

still unsure about reply . you need a pass to drive car into park . i have been told as road has barriers this makes it a private road and as no tar or roed markings some of it is dirt track . so no road tax or insurance needed.

Expert:  Jo C. replied 4 years ago.
I think I've covered that above really. I'm not sure what I can add to what I've said.