Drink Driving Escaping Liability

LandyAndy

fadetogrey wrote: »

Im surprised at the police response to this,I realise its a bit late for you but I have always advised both my wife and daughters if they are ever involved in an accident such as you described to immediately ring for the police and ALSO request an ambulance for 2 reasons.Number one because either of the cars occupants may be injured and not realise it,and two police MUST attend an injury accident.It always pi$$es me off the way insurance companies always try to take the easy way out even if it means costing an innocent motorist their no claims.

That's an interesting point.

I think many people would be concerned they were diverting an ambulance from an emergency.

Trebor16

Road_Hog wrote: »

The police can do nothing. They have to catch the driver in charge of the vehicle.

Not true. If a witness says that a person was driving a vehicle and they can direct police to where that person is then they can take action. How often do you think that police at an accident scene to find all drivers are out of the vehicle and standing on the pavement? By asking questions they can establish who was in charge of the vehicle at the time of the accident and then require them to take a breath test.

AlexisV

You could always sue the other person in county court. The burden of proof is 'on the balance of probabilities', which is less than criminal court.

What car was she driving? Does she live in a decent house?

interstellaflyer

Just to clear up the drink drive issue, my uncle had a minor shunt, details were exchanged and both parties carried on their way, the other party then phoned then phoned the police to say that he though my uncle had been drinking and my uncle was breathalised at home and charged with drink driving, this was in Scotland so there may be a difference in law, it was also 1987 so the law could have changed.

bigjl.

fadetogrey wrote: »

Im surprised at the police response to this,I realise its a bit late for you but I have always advised both my wife and daughters if they are ever involved in an accident such as you described to immediately ring for the police and ALSO request an ambulance for 2 reasons.Number one because either of the cars occupants may be injured and not realise it,and two police MUST attend an injury accident.It always pi$$es me off the way insurance companies always try to take the easy way out even if it means costing an innocent motorist their no claims.

Are you for real or on drugs?

mcjordi

Im very suprised the police didnt attend if the other driver was drunk.. I know when i rang the police when a neighbour of mine went out when drunk then made it an immeadiate resposne and caught her about 1/2 mile away from home (turned out she was very close to 4 times the limit)

pendulum

Police response varies by area. Essex police vigorously persued my dad for leaving the scene of an accident even though he did stop and offer his details but the other party wasn't interested and told him to just go. He was arrested, charged, and it went to court where it was thrown out due to no evidence being offered. They send you details of the other parties criminal record if you act in your own defence and the numerous convictions for drug possession and supplying may explain why he told my dad to go and didn't want police attendance.

In that case, they were too enthusiastic to try and prosecute. In this case they seem to be too lazy.

thenudeone

Road_Hog wrote: »

The police can do nothing. They have to catch the driver in charge of the vehicle.

As I have already said, this is simply not true.
Simply re-iterating it will not make it true.

I know this from my personal experience (I wasn't the drink driver!).

To prove this point: If a road accident occurs where an injury is caused (to anyone other than the driver involved) the police have a power to force entry (if necessary) to any property where they reasonably believe the driver to be, in order to require a breath test.
http://www.legislation.gov.uk/ukpga/1988/52/section/6E

Sction 6(5) of the same act (power to require breath specimen after an accident) does not limit the powers to any specific location or set a time limit.
http://www.legislation.gov.uk/ukpga/1988/52/section/6

So it is simply wrong to say that police can only arrest drink drivers at the scene.

Please read up on the relevant legislation before presenting your opinion as if it is fact.

bigjl.

pendulum wrote: »

Police response varies by area. Essex police vigorously persued my dad for leaving the scene of an accident even though he did stop and offer his details but the other party wasn't interested and told him to just go. He was arrested, charged, and it went to court where it was thrown out due to no evidence being offered. They send you details of the other parties criminal record if you act in your own defence and the numerous convictions for drug possession and supplying may explain why he told my dad to go and didn't want police attendance.

In that case, they were too enthusiastic to try and prosecute. In this case they seem to be too lazy.

So who called the police if the other party didn't want them involved. Some thing don't add up there, but then you do have form for posting carp.

bigjl.

thenudeone wrote: »

As I have already said, this is simply not true.
Simply re-iterating it will not make it true.

I know this from my personal experience (I wasn't the drink driver!).

To prove this point: If a road accident occurs where an injury is caused (to anyone other than the driver involved) the police have a power to force entry (if necessary) to any property where they reasonably believe the driver to be, in order to require a breath test.
http://www.legislation.gov.uk/ukpga/1988/52/section/6E

No injury claimed by the OP so no power of entry.


Sction 6(5) of the same act (power to require breath specimen after an accident) does not limit the powers to any specific location or set a time limit.
http://www.legislation.gov.uk/ukpga/1988/52/section/6

So it is simply wrong to say that police can only arrest drink drivers at the scene.

Please read up on the relevant legislation before presenting your opinion as if it is fact.

Please read the relevant parts of the post before presenting things that don't apply to the OP.;)