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Arrested for sitting in car drunk
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How do motorhome owners enjoy a drink whilst on holiday?0
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As above, this is a difficult scenario when told via 3rd party.
It would be impossible to be charged with just drunk in charge merely on the roadside test, yes the police make procedural mistakes but that would be a huge one.0 -
If the charge is being in charge whilst unfit through drink (i.e. drunk) under s4 RTA, then no evidential breath test is required. The officers can give evidence of him being drunk/impaired by describing slurred speech, difficulty standing, unable to walk in a straight line etc...
If the charge was being in charge whilst over the prescribed limit (but not necessarily drunk), which is s5 RTA, then a test would have been taken
The two offences are different, but often confused.
As discussed above - he has a potential defence if he can show there was no likelihood of him driving the vehicle whilst he was impaired.0 -
If the charge is being in charge whilst unfit through drink (i.e. drunk) under s4 RTA, then no evidential breath test is required. The officers can give evidence of him being drunk/impaired by describing slurred speech, difficulty standing, unable to walk in a straight line etc...
If the charge was being in charge whilst over the prescribed limit (but not necessarily drunk), which is s5 RTA, then a test would have been taken
The two offences are different, but often confused.
As discussed above - he has a potential defence if he can show there was no likelihood of him driving the vehicle whilst he was impaired.
Are you sure?0 -
Nearly_Old wrote: »I appreciate the difference between s4 and s5 RTA but the OP only refers to a roadside breath test. Not being able to walk in a straight line, etc would normally be part of a Field Impairment Assessment undertaken by a suitably trained officer but the OP has provided no details of whether such an assessment was carried out.
But, under s4, failing a breath test would surely be evidence of impairment?0 -
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AndyMc..... wrote: »Section 4 only tends to be used as a power of arrest and there would be no need for a roadside test.
Once at the station it's a charge for being over the limit or failing to provide.
What limit covers an offence under S4 of the RTA?0
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