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car accident & drink driving
Comments
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No where did the OP mention they had been drinking.
They simply stated they failed the breathalyser.
You, I and everyone else in this thread presumed they had been drinking.
However we don't know whether:
1. They had been on a bender the day before
2. Had been eating chocolates with alcohol in them
3. They had been drinking immediately then jumped into their car
4. any other scenario you can think of with any combination of the above.
Luckily in the UK we don't have Kangaroo courts.
As you state "They simply stated they failed the breathalyser"
How or why as listed in your points 1 to 4, isn't the point.
The law states that your driving is effected if over the limit, the breathalyser shows she was.....End Of.
The Blood Test will either confirm this or not.
But like you say, we don't know how long she had be driving before the crash, it maybe of been 5 mins or a couple of hours, but I take it you'll of been happy for her to of run one of your family members over and the police delaying taking the second sample (possibly letting the level in her blood down below legal limits) because there station machine wasn't working.... Nice to know you're so understanding.0 -
As you state "They simply stated they failed the breathalyser"
How or why as listed in your points 1 to 4, isn't the point.
The law states that your driving is effected if over the limit, the breathalyser shows she was.....End Of.
The Blood Test will either confirm this or not.
But like you say, we don't know how long she had be driving before the crash, it maybe of been 5 mins or a couple of hours, but I take it you'll of been happy for her to of run one of your family members over and the police delaying taking the second sample (possibly letting the level in her blood down below legal limits) because there station machine wasn't working.... Nice to know you're so understanding.
But it is not "End Of" is it?
If it was the OP would have been charged and as yet and to my knowledge they have not been.
A breathalyser test is not the "End Of" anything.
And what a stupid example you use.0 -
As you state "They simply stated they failed the breathalyser"
How or why as listed in your points 1 to 4, isn't the point.
The law states that your driving is effected if over the limit, the breathalyser shows she was.....End Of.
The Blood Test will either confirm this or not.
But like you say, we don't know how long she had be driving before the crash, it maybe of been 5 mins or a couple of hours, but I take it you'll of been happy for her to of run one of your family members over and the police delaying taking the second sample (possibly letting the level in her blood down below legal limits) because there station machine wasn't working.... Nice to know you're so understanding.
If the breathalyser was mis-calibrated and she was actually 1mg under, rather than 1mg over, would you be fine with it then?0 -
What has that got to do with it?Can some one link me to the post where it states the OP has been charged with anything?
Anyone?
As stated in a previous (and for some reason now removed post) it is perfectly possible for a blood test to negate the finding of the breathalyser.
So do please let me know where the OP has been charged and convicted of a crime?
The OP is not guilty, perhaps some people need to get a dictionary for Christmas;)
I have commited a few crimes, never been arrested or charged for those crimes, doesn't make me any less guilty though does it.0 -
Can you quote me UK law showing it is a crime?
Why do the police breathalyser people, why do people loose there licence for drink driving etc if it's not a crime.
What I think your lame point is that only the results from the blood test will the police be able to take any action for breaking the law.0 -
.....The law states that your driving is effected if over the limit, the breathalyser shows she was.....End Of.
The Blood Test will either confirm this or not......
Nah, the crude roadside breathalyser is an indication that the driver might be over the limit, this gives the police a valid suspicion so they arrest and then charge or not depending on the result of couple of tests on the accurate "evidential" machine back at the station or, as in this case, a blood test
Lots of ifs but if the OP was over the limit and if s/he gets off because of the delay perhaps your anger should be directed at the police for not maintaining/repairing their machines properly?0 -
Why do the police breathalyser people, why do people loose there licence for drink driving etc if it's not a crime.
What I think your lame point is that only the results from the blood test will the police be able to take any action for breaking the law.
Since you can't quote any law I'll take that as a "no"
If you can't understand what I am saying go back and re-read the posts and have another go.0 -
Dontknowanymore wrote: »What has that got to do with it?
I have commited a few crimes, never been arrested or charged for those crimes, doesn't make me any less guilty though does it.
Since you haven't been proven guilty then technically it does0
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