Labour’s new smoking ban proposals could see motorists inadvertently break drink-driving rules and be hit with hefty punishments.
This week, Labour has outlined plans to extend the 2007 smoking restrictions to many outdoor spaces including pub gardens.
It means individuals could be hit with a Fixed Penalty Notice of up to £150 for lighting up a cigarette while enjoying their beer.
The rule will not be extended to private homes and no further restrictions on smoking in vehicles have so far been discussed.
Pubgoers may be tempted to dive into their cars or their friends’ vehicles for a quick puff despite the possible risks.
Strict rules mean anyone simply caught in control of a vehicle while over the limit will be in breach of the law and will likely be punished.
This is a subjective law and open to interpretation but charges could be issued if an individual is simply sitting in the car while in possession of the keys.
IBB Criminal Law explained: “Motorists who are sleeping, or sitting in their vehicle have found themselves facing serious charges despite the fact that they have not actually driven or attempted to drive a vehicle.
“Although a drunk in charge allegation is not as serious as drink driving, if found guilty you will not only be in receipt of a criminal record but it will also cause serious implications on your ability to drive.”
Experts at JMW Solicitors claim motorists caught will be hit with a staggering 10 penalty points on their driving licence.
A discretionary driving ban could also be dished out alongside a fine of up to £2,500.
In some severe cases, drivers may even be hit with a short custodial sentence or be forced to take up community service.
In 2015, rules were introduced preventing drivers from smoking when children were also inside the vehicle but there are no rules regarding adults.
Law firm VHS Fletchers confirmed the defence to an alienation would be for a defendant to “prove that they had no intention of driving the vehicle while over the legal limit to drive”.
This could include obtaining witnesses to confirm whether motorists would have been under the legal limit at the time.
The new smoking rules have been attacked by many Conservative frontbenchers and Reform UK leader Nigel Farage.
However, Sir Keir Starmer defended the move as he called out the hazards involved with continuing to smoke
The Prime Minister said: “My starting point on this is to remind everybody that over 80,000 people lose their lives every year because of smoking.
“That is a preventable death, it’s a huge burden on the NHS, and, of course, it is a burden on the taxpayer.”
