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General Forum - Driving law - drinking (not alcohol) whilst driving - Page 1

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Driving law - drinking (not alcohol) whilst driving
posted by bowfer on Wednesday, 21st November 2007, 10:57

Elite

I'm arguing with an advanced-driver knob in here.
He's telling me it's illegal to drink soft drinks whilst driving.
I'm saying he's talking bollocks.
A copper may be able to do you under "not in full control" if they consider your driving is affected, but to say it's fundamentally illegal is bollocks, IMO.
Who's right?

RE: Driving law - drinking (not alcohol) whilst driving
posted by admars on Wednesday, 21st November 2007, 11:00

Elite

i think it is isn't it. every 6 months or so don't the Sun run a story about some-one being arrested for driving while eating a kit kat etc.

RE: Driving law - drinking (not alcohol) whilst driving
posted by bowfer on Wednesday, 21st November 2007, 11:04

Elite

Yes, but that must fall under 'not in full control' or 'undue care and attention'.
I'm pretty sure there isn't any black+white law saying "thou shalt not hold a can of coke, or swiggeth from it".
It's more of a grey area, down to the officer's discretion, IMO.

RE: Driving law - drinking (not alcohol) whilst driving
posted by The Jackal on Wednesday, 21st November 2007, 11:37

Elite

I think bowfer is correct. It come into the same category as smoking/lighting up.

The Jackal
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RE: Driving law - drinking (not alcohol) whilst driving
posted by Si Wooldridge on Wednesday, 21st November 2007, 11:39

Reviewer

I agree, I think it's more a discretionary matter although I'm sure one of our serving forumites would be able to confirm this. I can remember when I lived in Chippenham that there was a major furore about a woman being booked for swigging from a bottle of water despite having stopped at traffic lights first...

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RE: Driving law - drinking (not alcohol) whilst driving
posted by M. on Wednesday, 21st November 2007, 11:49

Elite

It's not illegal to hold and swig from a Beer Can mmmm Stella....either (i'm not advocating this btw) so long as you are not over the legal limit and in "full" control the same as the argument above!

M.

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RE: Driving law - drinking (not alcohol) whilst driving
posted by bowfer on Wednesday, 21st November 2007, 12:00

Elite

Quote:
It's not illegal to hold and swig from a Beer Can mmmm Stella....either (i'm not advocating this btw) so long as you are not over the legal limit and in "full" control the same as the argument above!


Right enough, it stands to reason you're correct.
That'll get his leather driving gloves all ruffled!
I'll go wind him up. Winking

RE: Driving law - drinking (not alcohol) whilst driving
posted by Fowler9 on Wednesday, 21st November 2007, 12:04

Elite

I would also agree with you bowfer (not to say i;m right just that i'd agree with you) - you would not be stopped for the act of drinking or eating whilst driving itself but for one of the other offences you mention ie not being in control of the vehicle

Chris

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RE: Driving law - drinking (not alcohol) whilst driving
posted by biglebowski on Wednesday, 21st November 2007, 12:28

Elite

Is this like saying that tying a cat's tail to a burning log isn't illegal, because that specific torture isn't mentioned in any lawbooks, but it would be against a law regarding animal cruelty.

So, there is no law saying you can't drink a soft drink while driving, but there is a law saying both hands must be on the wheel at all times, unless you're changing gear or something.

I'm fairly sure i'm not following the argument here.


__________________________

RE: Driving law - drinking (not alcohol) whilst driving
posted by bowfer on Wednesday, 21st November 2007, 12:50

Elite

Quote:
but there is a law saying both hands must be on the wheel at all times, unless you're changing gear or something.


Nope.
Section 148 of the highway code mentions distractions which should be avoided, but they are not punishable offences.
They can be used as evidence in a court of law to support liability in the case of another offence, but they are not punishable in themselves.
There is no mention of having to have two hands on the wheel anywhere.
Thank f***.
The day some ponce passes that law is the day I emigrate, or give up driving.

This item was edited on Wednesday, 21st November 2007, 13:04

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