drink driving question?

Cornucopia

Guest101 wrote: »

if u go on to tell thier boss, then that is where slander comes into it, and u could end up in court

You say: I am concerned that XYZ might be drink-driving.

If said in good faith, there is no slander, just very public-spirited.

fluffnutter

Spendless wrote: »

Years ago when someone I know's husband was stopped and found to be over the legal limit, it wasn't until it went to court and he was found guilty that a 12 month ban started.

If you are pulled over and found to be above the limit, they won't let you continue your journey I wouldn't have thought. What happens to your vehicle at this point I've no idea.

Provided it's safely parked, it's just left where it is. The copper can park it for you if not. You're then taken to the station, breathalysed again using their more accurate machines, charged and released. If found guilty at your consequent trial (chances are you will be obv), you'll receive a ban. Up until that point you can drive, although you're a bit stupid if you go straight back to your car as soon as you're released from the station

That's how it usually works. Obviously if you resist arrest or wallop the copper or something or are so drunk you can't stand, you can end up being held in the cells all night. You can also avoid a ban in some circumstances, e.g. your very existence depends on your ability to drive.

Any

This is some time ago, but we had a guy who caused an accident whilst drunk driving and police would not tell us anything. No matter that it was OUR vehicle, and he was supposed to be working when it happened.

He was happily driving until they took his driving licence off him, even though we tried to find out what happened and we took him off the road, we were then advised that we have no reason for suspension until we have SOMETHING to work with.

Which police would not provide us with until he was convinced.

Very frustrating, trust me. Especially because in those few months he managed to cause another accident, where people were hurt!!

MrsDrink

Whatever happened to "innocent until proven guilty"?

If you suspect someone has broken the law regardless of what law it is you should report it to the police, and only the police.

Guest101

exactly, thats why i would not say anything to a 3rd party.

u tell his boss, he gets suspended. sues you, wins, and your paying him 5k!

Any

The thing is, I agree and disagree.
All for innocent until proven guilty, but if you are drunk driving you are drunk and guilty and they can tell within hours, the waiting for the court date and ban is only waiting for the lenght/level of punishment.

JimmyTheWig

Any wrote: »

The thing is, I agree and disagree.
All for innocent until proven guilty, but if you are drunk driving you are drunk and guilty and they can tell within hours, the waiting for the court date and ban is only waiting for the lenght/level of punishment.

What if the machine is later found to have been faulty? Or any other reason that means something wasn't right at the time?

tryingtocutback

Being over the legal limit to drive doesn't necessarily mean that he is "drunk".

Anyway, I think that the police normally ensure the vehicle is parked safely so they sometimes park it up. Then you would be taken to the police station and given further tests and kept in - I think until they feel you have reached a point where you are no longer over the legal limit to drive (not sure though).

But, he would have been offered a solicitor and he would definitely have paperwork.

Acc72

What is the question ? - is there one ?

I can't even work out if the OP is talking about a male or female - repeatedly referred to as both "dd" and "he" ...............

Janepig

If this individual was suspected to have been driving under the influence of drugs or alcohol then (as some have already mentioned) he would have been breathalysed at the roadside, then taken in for a further breath test, and that is the reading they prosecute at. If they suspect he was under the influence of drugs then they would have taken samples for toxicology tests. If the breath tests are close to the 35mcg limit then you are offered blood or urine tests, which can often bring the reading down to below 35 and the prosecution will not continue.

If this person has blown a reading that is clearly over the limit then he will have been charged and bailed and would have signed a bail sheet at the police station (he'd have kept a copy) which would have given him a date to appear at Court on it. Failing that, he would be bailed back to a date when the toxicology tests come back, they take a bit longer. If he has been given a date to appear at Court then he needs to find that bit of paper asap because afaik they don't write to you, they expect you to turn up on the date you were given and if you don't they'll put a warrant out for your arrest.

Rarely, if ever, does anyone go not guilty on a drink drive charge, and believe me, it's one of those offences that is bread and butter to a Magistrates Court. You can argue that your drink was spiked, you can say it's the first time ever (honest Guv) that you "took a chance", you can say "I only had two pints", I've heard every excuse under the sun, but if you blow over 35mcg then you can't really wriggle out of it, try as you might.

Jx