Random breath tests!

derrick

I do not and am not condoning drinking & driving, but if the police will not obey the law how do they expect us to obey it?

Random breath tests are not permitted in England, but in Lancashire, (and probably elswhere), they do this regularly, in particularly Christmas and summer time.

The latest is this small article form our local rag dated 7th June 2012:-

"Checkpoints to find offenders
CHECKPOINTS are being set up across Lancashire to catch drivers over the limit as the county's summer drink-drive crack!down gets underway. The checkpoint areas will be on "key routes" into the county where drivers will be pulled over and breath tests conducted"


However from "ASK THE POLICE" website random tests are not permitted:-

"Q723: Do the police need a reason to stop me whilst I am driving?

No, the police do not need any reason to stop any person driving, attempting to drive or in charge of a motor vehicle on a road for a routine check. The police can then require that you provide your name, date of birth, driving licence and insurance details. Failure to comply with any of these requirements is an offence.

The police cannot stop a vehicle just to carry out a random breath test. They have to have a reasonable suspicion that the person has consumed alcohol or drugs. Once the vehicle has been stopped for, perhaps, a routine check, this can be ascertained through the smell of alcohol, slurred speech or glazed eyes. Failure to comply with a request to carry out breath test is an offence and the penalty is the same as if you had been convicted of being over the limit.

The police can, however, breathalyse a person without a reasonable suspicion that the person has consumed alcohol/drugs, if they have committed a traffic offence whilst the vehicle is in motion (e.g. driving carelessly, having defective lights, failing to comply with a traffic sign I]obviously not a parking sign[/I or using a mobile phone)."


(my red highlighting).


Why do they think they are above the law?


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coinxoperated

I was under the impression that they use the 'checking for insurance, tax MOT's etc' as the loop hole to allow them to get close enough to say that they have smelt alchohol on your breath?

Either way, if your legal and don't drink and drive, you shouldn't be worried. I've been stopped a couple of times, gave them details as asked and was off in about 4 minutes. No biggy!

mikey72

No doubt covered by a bye law for the specific period, and that's why they're publicising it. Good idea though, we need more of them. Particuarly in the mornings now, after the bbq the night before.

Obukit

No problem with "random" drink drive tests. I was stopped once, breathalysed, came back green and was on my way in less than 5 mins. Much rather have the police doing that then wasting money putting some monkey in the back of a scamera van, which can catch you from 999m away.

derrick

I would not have a problem with random tests either, but at the moment they are not allowed in England, and I cannot see how a "bye law" would cover such a thing.

I was stopped a couple of years ago along with a tranche of 6 at a time, the only question was " when did you last have a drink" as there was no alcohol smell I was not asked to take the test, but I was still in the "queue" of other cars until I could go on my way, nothing about my name, address, did I own the car etc.

My BIL as stopped similarly, he had not had a drink for a few days and was told in no uncertain terms if he did not do the test he would be arrested for failure to provide, an obvious abuse of authority knowing full well that it is unlikely anyone would make a formal complaint, then they wonder why the police have low public respect.

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pogofish

Tnere are literally hundreds of reasons a police officer can magik-up as reason to stop a car, then of course they don't need much more excuse to breath test.

I reckon it would be pretty hard to argue against them on this one.

coinxoperated

pogofish wrote: »

Tnere are literally hundreds of reasons a police officer can magik-up as reason to stop a car, then of course they don't need much more excuse to breath test.

I reckon it would be pretty hard to argue against them on this one.

I don't see why people want to argue against them? Surely its better than them not checking?

Trebor16

It would be random if they stopped a car and then demanded a breath test straight away. If they are stopping drivers using other powers and then smell alcohol on the breath they then have grounds to demand a breath test.

WestonDave

Hmm - police sailing slightly close to the law by coming up with ways to get people to take breath tests, or people breaking the law and putting lives at risk by drinking and driving - I know which I would prefer to prevent! The reality is that we all bend the law at least at times, but we are all looking round at others and saying "stop them"!

Its worth pointing out that the police will be ensuring they stay within the letter of the law - having a genuine legal reason for stopping you (i.e. for road worthiness checks etc) otherwise they'd risk a prosecution being thrown out.

Trebor16

All they need to stop a person is the power under the road traffic act that allows them to stop a person to check the driver has a licence, is insured and the car has a valid MOT (if over three years old). Doing a check on the computer will never tell them who is driving the car at a given moment in time.

JQ.

derrick wrote: »

I would not have a problem with random tests either, but at the moment they are not allowed in England, and I cannot see how a "bye law" would cover such a thing.

The fact that you've started a thread complaining about them would suggest that you do have a problem with them.

Personally, I think it's great idea and don't see why you have issues. Drink drivers, in my opinion, are far more dangerous than speeders, so anything to catch more of them is a good thing.

You also state that the general public have low respect for the Police. I don't, I think the vast majority of them do a thankless task in the face of growing adversity, faced with budget cuts, ferile teenagers, ferile adults, and a society that seems to take no responsibility for their own actions.