Random breath tests!

marleyboy

richard734 wrote: »

I would rather annoy 10o people for 5 minutes to catch one Drink Driver than deal with another dead body casued by a drunken idiot in a car

:T:T:T

On the same token, I would rather be inconvenienced for 5 minutes, than risk becoming a dead body caused by a drunken idiot in a car..

Joe_Horner

thenudeone wrote: »

Very Questionable. A "voluntary" breath test (i.e. carried out WITHOUT demonstrating a legal power) probably wouldn't even get past the custody sergeant when booking in.
If there were no legal grounds to require a breath specimen, it just wouldn't be done, because everyone knows that evidence gained in this way would almost certainly be inadmissible in court.

There are plenty of drivers out there who 1) smell of drink or 2) drive erratically or 3) have vehicle defects, no seat belt, or exceed the speed limit; all of which give a legal power to require a breath test. There's no need to ask anyone who doesn't fit these categories for a "voluntary" test.

The can ask you if you'll take a voluntary test just as legally as they can ask you if you'd mind performing the Dead Parrot Sketch for them. They can't force you to do either.

But, if you agree voluntarily and fail, then they have valid suspicion to require you to take one (back at the station) which will be perfectly admissible - the fact they can't force you to incriminate yourself doesn't mean they can't invite you to and then take action if you do.

Imagine you're in the interview room, under suspicion of murder, and the nice policeman says "would you like to confess?" If you say "Oh, yes I would, please" then they can certainly use your subsequent confession in court!

Jakg

derrick wrote: »

And you have evidence to prove that? Google it.

If you make a statement that most people would not believe, it's a good idea to back that statement up with something more than "Google it", because that's not actually evidence...

JimmyTheWig

derrick wrote: »

Sounds like they are setting up a checkpoint to catch drink-drivers. This is legal. No it isn't, see my link in the OP

They can randomly pull over a car to see if the driver has been drinking. No they can't, see my link in the OP

(My black; Derrick's red)

They can randomly pull a car over to see if the driver has been drinking. Your quote in the OP doesn't say they can't.
They can't randomly pull a car over and demand a breath test from the driver, as per the OP, but they can pull you over to ask you.

If suspicion follows that then they can legally test.

marleyboy

LordSVS wrote: »

One has to remember that the police has to work within the law, like everyone else. If they do not have the powers....well they don't have the powers.

As I previously said, this is just scaremongering tosh by the local paper.

Scott

I cannot understand how it could be scaremongering, why would anyone driving a potential battering ram, be scared of being randomly breath tested?

torbrex

Excuse me sir but the nature of your driving leads me to believe that you may have been drinking, would you step out of the car and blow into this please - no argument, end of.

Tiddlywinks

derrick wrote: »

Why do they think they are above the law?

Why ask a bunch of random people on here? If you feel so strongly then you should write to the Chief Constable who will provide you with a comprehensive reply. Believe me, you WILL get a response.

derrick wrote: »

I would not have a problem if the law allowed them, but at the moment it does not, so the police are abusing their powers, as they do regularly, mostly without repercussions on themselves as it is very hard to make a complaint against them stick!
.......

Q, who are the biggest law breakers in the country?
Answer, the police!

Tough if you don't like it, but it is true.

Serious allegations - surely as a responsible citizen who knows of such illegal acts you should refer the matters to the IPCC.

http://www.ipcc.gov.uk/en/Pages/your_complaint_.aspx

LordSVS wrote: »

One has to remember that the police has to work within the law, like everyone else. If they do not have the powers....well they don't have the powers.

i agree - from the 'rant' it is obvious that the OP has no real idea of the regulation and process involved in everyday law enforcement.

If he really does believe that there is an abuse of process / power then there are clear and transparent ways in which to report the issue and have it thoroughly investigated.

colino

First of all, I do not drink and drive. That said, I cannot believe the number of people who think that it is OK for the Police to randomly/on a whim pull drivers over for a "spot check".
While the Police can and do magic up reasons to pull over cars that they, through their experience, feel the car or driver are worthy of checking, doesn't make it right.
How do you fancy walking down the High Street and being accosted by the Police just because they have a notion, without any external appearance to the contrary, you might be in some way be breaking the law?
By all means let the Police find and the courts severely punish dangerous law breakers (all of them, not just DDs) but not lets roll over and let the Police presume everyone is guilty of something without due cause.

marleyboy

colino wrote: »

How do you fancy walking down the High Street and being accosted by the Police just because they have a notion, without any external appearance to the contrary, you might be in some way be breaking the law?

In knowing that I am not breaking any laws, it would not concern me. Indeed I have been stopped and searched in the past, as a result of me being in the wrong place at the wrong time (where a house had been burgled on a street I coincidentally just happened to be on). It did not concern me as I knew I had nothing to hide.

spugzbunny

It's no different to customs pulling you aside to do a search.

Assuming I haven't done anything wrong then it['s a minor inconvenience that could be effective against deterring people from drink driving. Especially during this period of jubilee/football/olympics when people may be more tempted.

When I went to Australia I noticed a few spot checks where stations were set up by the road and vehicles directed in for random breath tests. My Aussie cousin said from her point of view she and everyone she knew would never even dream of drink driving as the risk of getting caught was high.

Can we say that in the UK? Does everyone you know never have a drink before driving? I can honestly say on an average works drink night there's always at least 1 or 2 who have had 2, 3 or 4 pints then driven home.