He would probably just about get away with it, but it's debatable. Any member of the public could wander onto that land🤷🏻♂️, and that's their bullshit argument. Seriously, I've been done for DD, twice. Neither of which I'm proud of. First time was about 30 years ago, when I was a kid, not proud of it. Completely shit, ashamed. 2nd time, more recently, about 5 years ago, "The morning after" type thing. Again, still ashamed, slight miscalculation, these things happen
. After my most recent one, I went on a course to lessen the length of my ban. This is where I learned all this new information. Seriously, walking back to your car in a pub car park (You might only be walking back to get your fucking phone charger🤷🏻♂️). You have to prove, despite doing fuck all wrong, that you wasn't going to be driving home, in that car. Similarly, if you're pissed, in your car, on your own drive way, on your own property, you can, and will be charged. It happens. The law, is an Ass!!