Can you drink drive on private land?
As a specialist driving offence firm, we defend hundreds of drink and drug driving allegations every year. We have developed several well-strategised defences to help our clients avoid convictions, including the 'private land' argument.
The law surrounding private land is confusing and contradictory. This page will help you to understand what the police must prove in order to secure a conviction. If you would prefer to discuss your case around drink driving on private land in confidence, call our legal team free of charge on 01514228020.
Private land examples could include;
- Privately owned car parks
- Private or unadopted roads
- Privately used land
- Gated communities
- Farms
- Private beaches and holiday parks
Please note - The police often misunderstand the law on private land. Just because the public have access to a piece of land or location does not necessarily mean that it is public. Keep reading for the law on private land.
The Law on private land
In order for a motoring offence to be committed, it would normally have to happen on a public road or some other public place as per the Road Traffic Act 1988. Most offences have the following wording:
drive a mechanically propelled vehicle on a road or other public place.
This legislation forces the CPS to prove that the motoring offence occurred on a road or public place. In most driving cases the location of the alleged offence is not in dispute and cannot be challenged (if, for example, you're pulled over on an A road). However, there are some cases where this small detail could help you avoid a minimum 12 month driving disqualification and criminal record.
Road or 'public place'
Although the Road Traffic Act sets out a definition for ‘road’ generally it may be said, that whether a place is in fact a ‘road’ or ‘public place’, is a matter of fact and degree dependent on the individual facts of each case. Magistrates are allowed to use their local knowledge in arriving on their conclusions as to these issues.
The onus is on the prosecution to prove that a road is one within the Act, and also to prove that it is a ‘public place’.
The definition of ‘road’ includes not only highways but roads other than highways ‘to which the public have access’; there is no separate definition of ‘public place’. The first question is whether it is a road, and the second is whether the public have access. The majority of cases as to whether a road comes within this definition turn on the second question of whether the public have access to
The Legal Criteria
Let's take a closer look at the legal criteria before we consider the legislation. According to a long-line of cases, the police must prove beyond doubt the following;
- The public had unrestricted access to the land
- The public did, in fact, utilise that access (as opposed to a 'special class' of individual)
- They did so with the permission of the land owner
Case Example
Take Jeremy for example, he was with his family at a well known holiday park in the UK. One evening, after enjoying a meal and drinks with his family, Jeremy headed back to the accommodation. Once in his accommodation, there was an aggressive knock at the door. Another of the holiday makers began to accuse Jeremy of looking at his wife at the restaurant. To avoid any further threats of violence and confrontation, Jeremy got into his car and drove a short distance to the park entrance to speak with staff and security. Once Jeremy arrived and started to explain what had happened, a security manager smelt alcohol on Jeremy's breath, and proceeded to call the police. The police arrived, breathalysed Jeremy and he was over the limit. When the case got to court, we were able to argue that the land was private. Our argument consisted of three main factors;
- The land was privately owned
- The access to the land was restricted by a barrier which could only be opened by staff members with a fob
- The general public could not access the land and did not use the land
The court agreed with the defence argument and Jeremy was found not guilty of drink driving. Had Jeremy accepted the charge and not instructed solicitors to defend the case, he would have received a minimum 23 month driving disqualification as well as community service. Jeremy told us he would have lost everything, his job, his wife and his home. As you can imagine, we were as delighted with the result as Jeremy was. If you are facing a drink driving charge, you can calculate the length of the driving ban using our Drink Driving Ban Calculator.
PLEASE NOTE: Even if the public had access to the land in question, it doesn't necessarily mean that Jeremy would have been convicted. For a more in-depth look at your case, call us for free initial advice. Our solicitors can explain in minutes whether you have a drink driving on private land defence.
It is not for the defendant to prove that the land in question is private. The burden falls on the CPS to prove this element. The only way the CPS can prove its case is with the use of evidence. If the evidence is inadequate, you should not be convicted.
What our clients say:
Defend a driving charge on private property
Defending a driving offence using the private land argument is tricky and technical. If you believe you have a private land defence, be sure to seek advice from a specialist solicitor. If you have a strong argument, we may recommend preparing written representations to the Crown Prosecution Service and ask that the case is dropped, even before your first court appearance. The CPS may not review your case until the first court hearing unless we ask them to. Early written representations can put pressure on the CPS to discontinue cases under the Code for Crown Prosecutors.
In order to challenge an allegation, firstly, a not guilty plea must be entered. This can be done at court if you have received a postal requisition to attend a hearing. Some cases are started by way of a Single Justice Procedure Notice which asks you to enter a plea in writing. These are more common in speeding offences. It is important that any solicitor identifies the most appropriate defences and applicable case law. A failure to raise a good defence at the start of a case may hinder the prospect of avoiding a conviction.
Drink driving on private land FAQs
1. Can you drink drive on private land?
The offence of drink driving can only be committed on a road or a public place. If you can prove that the land was private, there's a real chance that you would avoid a drink driving conviction and ban. You must first enter a not guilty plea. This will also force the CPS to provide the evidence against you.
2. Can you drive on private land without a licence?
There is nothing stopping you from driving a motor vehicle on private land without a licence (assuming you have permission to be there). Most road traffic laws apply to roads and public places. If, for example, a 14 year old wanted to drive a tractor on farm land owned by his father (and he had permission to do so), he would not be committed an offence. However, there are some exceptions. For example, where you do not hold a full driving licence but your place of work requires you to have a specific licence for another type of vehicle. For example, a forklift licence, tractor licence or a buggy licence on a golf course.
3. Can you drive a golf cart and drink alcohol?
On a main road? No. We all remember the case of R v Powell involving the international Welsh rugby player Andy Powell who was stopped by the police on the M4 in a golf buggy. Mr Powell received a 15 month driving ban because he was driving on a road! However, if you're using the buggy on a private golf course, you may have an argument if you were over the limit. The case law is careful not to set definitive rules on individual locations, so it is possible that you could be convicted of drink driving on a golf course. The court will consider every case on its own merits.
4. Can you drug drive on private land
The law in relation to drug driving is identical to drink driving (insofar as the 'location' is concerned). It's important to note that possession offences are not location-specific. You could be charged with possession of drugs even in your own home.
Do you need a solicitor for a motoring offence?
Conor explains your options in the video below.
