Unhappy with police action following road traffic collision

irishboy

Which he maybe will. However it wasn't him that attempted to take the sample and when asked yesterday his reply was that there was no suspicion of impairment. But I will ask him whenever he comes to get my account (statement) of the incident. whenever that may be.

Johno100

irishboy wrote: »

Bod- I know this as the investigating officer told me when he contacted me yesterday.

And why did you choose to emit that very important point from your OP?

irishboy

[QUOTE=irishboy_However_when_I_asked_about_the_failing_to_provide_a_breath_sample_I_was_told_that_no_further_action_was_taken_as_there_was_no_suspicion_that_they_were_impaired.[/QUOTE]

Pretty sure I did. Sorry if I didn't elaborate on the further samples not being taken.

Astronaughtwannabe

I guess if he dint smell of alcohol, pupils dilated etc etc (it's mantra!) then the OiC didn't see the need to take that any further. There's suspicion by virtue of an accident and then there's suspicion by virtue of his demeanour and/or physical appearance.

If he didn't come across as in drink and he was hospitalised (there can be other issues arising from medical problems) the bobby might have decided not to persue the failing to provide. Unless you ask that officer, it's speculating for the sake of it. Either way, it won't undo the incident so best concentrating on recover, as our eminent poster has already said.

chris9393

A breath test is required from all partied during an injury RTC regardless whether the officer suspects alcohol or not. This is mandatory.

If the other party was NFA'd from the breath test it is likely that he was under the limit and reported for a different offence.

Car_54

chris9393 wrote: »

A breath test is required from all partied during an injury RTC regardless whether the officer suspects alcohol or not. This is mandatory.

And the legislation that makes it mandatory is?

matttye

There are two offences: failing to provide a roadside breath test and failing to provide a specimen of breath for analysis.

Sometimes if someone fails to provide a roadside breath test but then provides at the police station and they're under the limit, the police take no action as they decide it's not in the public interest.

I had a client who was NFA'd when he failed to provide. He smelled strongly of intoxicants, and the police saw him about 5 metres from a car which he was insured on. An off duty police officer had reported the car swerving all over the road. Police NFA'd it on the basis they had no proof he was the driver.

There was a recent Devon and Cornwall case where police stopped and breathalysed someone who blew just over the limit, sought guidance from a colleague who told him to wait half an hour and try again. He did that and the guy blew under, so he let him go! Absolutely mental.

matttye

http://www.bbc.co.uk/news/uk-england-devon-33512105

Astronaughtwannabe

matttye wrote: »

http://www.bbc.co.uk/news/uk-england-devon-33512105

The officer uses section 6 of the road traffic act. It's not 'the law' to adminster though it's common after an RTC.

matttye

Astronaughtwannabe wrote: »

The officer uses section 6 of the road traffic act. It's not 'the law' to adminster though it's common after an RTC.

The point of the link was that the police didn't bother to arrest someone who was over the limit.