A recent case has shown that if you are over the prescribed limit then even if you are manoeuvring a vehicle even on your own property, you could risk a prosecution for drink driving.

The case involved what was meant by the term “on a road”, within the meaning of s.5(1) Road Traffic Act 1988. The driver had parked his car on a private driveway. Whilst he was attempting to manoeuvre the car, its boot collided with a car which was parked on the highway outside. When the collision occurred, the boot of the car was overhanging the road, but the wheels were still on the private driveway.

The court decided that despite the fact that the car’s tyres did not leave private land, it was classed as being “on a road”, for the purposes of a drink driving offence. The court looked at the purpose of the Road Traffic Act, which was to secure the safety of road users. In this case the car had encroached sufficiently onto the road to cause damage to another vehicle. That showed that there was potential to cause injury to pedestrians or other vehicle users and the conviction was upheld.