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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70634
Experience:  Over 5 years in practice
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I got arrested driving whist at a festival, I had

Customer Question

I got arrested for drink driving whist at a festival, I had not left the festival field and only moved my car about 200 feet with no intention of going onto the road? is this still classed as a public area?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was the festival open to the public?
Customer: replied 2 years ago.
Well it was a festival that you couldn't attened unless you had purchased a ticket
Expert:  Jo C. replied 2 years ago.
The festival itself is not a public place then as the visitors were there as lawful visitors rather than as members of the public.
What they may be saying though is that the approaches to that field are public places rather than roads. Drink driving can be committed in any 'public place'. A place that is closed to the public and only open to those who are there as lawful visitors is not a public place but it can sometimes be that the approaches are included. It depends on the configuration.
Usually if a person can gain access to a location without either defying a prohibition or overcoming some physical barrier then it is considered a public place for the purposes of the law.
Sometimes though you can avoid a ban on the basis that you genuinely believed it was a private place and raise special reasons.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
The car park itself was on the land of the grounds of the castle, and only supposed to be for the people attending the festival you also have to pay to get into the car park would this still potentially be classed as 'public'..thankyou for your help
Expert:  Jo C. replied 2 years ago.
If you do have to pay to get into the car rather than just pay to stay there then it isn't a public place.