arrested for DD last night, refused to give sample

arrested for DD last night, refused to give sample

Author
Discussion

LoonR1

26,988 posts

176 months

Saturday 19th April 2014
quotequote all
This thread is farcical, the amount of wibble based drivel being spouted and the inferred support for drink driving astounds me.

The key point is that she has been charged with failing to provide a specimen. That's it. Game over for her licence, as it's a minimum 12 months and automatic ban if she's convicted. There is no way to get out of this, as she didn't provide a sample when requested.

I, for one, will shed no tears that another drink driver has been taken off the roads. One off, or whatever other excuse is irrelevant.

Helicopter123

8,831 posts

155 months

Saturday 19th April 2014
quotequote all
LoonR1 said:
I, for one, will shed no tears that another drink driver has been taken off the roads. One off, or whatever other excuse is irrelevant.
This is all.

Drink driving is not acceptable under any circumstances and must be punished.

Terminator X

14,920 posts

203 months

Saturday 19th April 2014
quotequote all
LoonR1 said:
This thread is farcical, the amount of wibble based drivel being spouted and the inferred support for drink driving astounds me.

The key point is that she has been charged with failing to provide a specimen. That's it. Game over for her licence, as it's a minimum 12 months and automatic ban if she's convicted. There is no way to get out of this, as she didn't provide a sample when requested.

I, for one, will shed no tears that another drink driver has been taken off the roads. One off, or whatever other excuse is irrelevant.
Can the Police come to my house at any time and demand a breath sample? If I then refuse I'm done for even if I've not driven that day or indeed drunk anything?

TX.

Greendubber

13,127 posts

202 months

Saturday 19th April 2014
quotequote all
Terminator X said:
Can the Police come to my house at any time and demand a breath sample? If I then refuse I'm done for even if I've not driven that day or indeed drunk anything?

TX.
No.

LoonR1

26,988 posts

176 months

Saturday 19th April 2014
quotequote all
Terminator X said:
Can the Police come to my house at any time and demand a breath sample? If I then refuse I'm done for even if I've not driven that day or indeed drunk anything?

TX.
Don't be such a drama queen. They had received complaints from two members of the public, with video evidence. One of the BIB on here has already stated that the RTA allows for entry under circumstances.


Zoobeef

6,004 posts

157 months

Saturday 19th April 2014
quotequote all
People that fail to provide get on my tits. You see them on the cop programs and they are pathetic. Its not hard to do, breathe out ffs.

Greendubber

13,127 posts

202 months

Saturday 19th April 2014
quotequote all
Zoobeef said:
People that fail to provide get on my tits. You see them on the cop programs and they are pathetic. Its not hard to do, breathe out ffs.
The machines are designed for people with half a lung to be able to blow, its not hard.

LoonR1

26,988 posts

176 months

Saturday 19th April 2014
quotequote all
This thread is about saving the licence of a driver who has been videod driving dangerously

Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.

LaurasOtherHalf

Original Poster:

21,429 posts

195 months

Saturday 19th April 2014
quotequote all
LoonR1 said:
This thread is about saving the licence of a driver who has been videod driving dangerously

Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.
This thread is emphatically not about saving a PH'ers friend. Where on this thread do you see me asking how to get her off with the charges?

I'm completely in agreement with your views of drink drivers as it happens.

I do however, feel for the family of the woman in question & given that she neither caused injury nor damage (possibly through no more than luck) I'm completely comfortable in feeling sorry for them, if not her.

Had things turned out differently, that compassion would certainly not have been so forthcoming. But it didn't. End of story.

Sorry to pick up on your post alone Loon thumbup

LoonR1

26,988 posts

176 months

Saturday 19th April 2014
quotequote all
LaurasOtherHalf said:
LoonR1 said:
This thread is about saving the licence of a driver who has been videod driving dangerously

Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.
This thread is emphatically not about saving a PH'ers friend. Where on this thread do you see me asking how to get her off with the charges?

I'm completely in agreement with your views of drink drivers as it happens.

I do however, feel for the family of the woman in question & given that she neither caused injury nor damage (possibly through no more than luck) I'm completely comfortable in feeling sorry for them, if not her.

Had things turned out differently, that compassion would certainly not have been so forthcoming. But it didn't. End of story.

Sorry to pick up on your post alone Loon thumbup
I can live with being picked on, it happens a lot on here smile However, in answer to getting her off, then I've quoted your OP and highlighted a bit. There is little point in fighting something if you're not trying to get way with it.


LaurasOtherHalf said:
i'll try & keep this as short as possible until i know further details but he's the sorry saga, or as much as i know of it so far....

family friend out with another friend yesterday afternoon & consumed alcohol (no idea how little or how much).

for whatever reason, she decided to drive home (perhaps 30 miles or so?)

apparently, her car registration was reported to the police, either for erratic driving or leaving a pub after being seen drinking.

after arriving home, she consumed more alcohol.

now, at some point in the evening, police arrive to question her. now, all this at present is a bit "second hand" information, but apparently she got a bit "tired & emotional" & couldn't provide a breath sample-after a lot of goes it would seem.

at which point, the police arrested her & placed her in custody for the night, only to be released at some point today.

any ideas if this is something she can fight in court (if indeed, there might be any chance that she could possibly have been under the limit at the time of driving)? I assumed that refusing to give a sample is a straight ban with do not pass go, if this is the case-what sort of punishment should she expect?

i hasten to add, this is not me who's in this predicament! i've no idea just why she was so stupid as to find herself in this situation but her close family are obviously worried about just how severe the punishment for her stupidity will be.

personal circumstances of the lady in question are someone in good health who is retired so obviously does not need a license for work etc.

joebongo

1,516 posts

174 months

Saturday 19th April 2014
quotequote all
Ok, IANAL or BIB but if the breathalyser was on the blink and they then didn't get an evidential sample at the station then I reckon she will walk as there's no evidence of intoxication and also a good reason why a roadside sample wasn't obtained and the reason wasn't her refusal to comply with the test.


anonymous-user

53 months

Saturday 19th April 2014
quotequote all
They'd still be 'offered' the evidential test at the station.

LaurasOtherHalf

Original Poster:

21,429 posts

195 months

Saturday 19th April 2014
quotequote all
LoonR1 said:
LaurasOtherHalf said:
LoonR1 said:
This thread is about saving the licence of a driver who has been videod driving dangerously

Whereas the linked thread below is about how to get a videod driver hung, drawn and quartered.

http://www.pistonheads.com/gassing/topic.asp?h=0&a...

The difference? One is a PHer trying to save their "friend", whereas the other is a PHer offended by the driver. Pity they're not the same person, although I think SP&L would implode if that were the case.
This thread is emphatically not about saving a PH'ers friend. Where on this thread do you see me asking how to get her off with the charges?

I'm completely in agreement with your views of drink drivers as it happens.

I do however, feel for the family of the woman in question & given that she neither caused injury nor damage (possibly through no more than luck) I'm completely comfortable in feeling sorry for them, if not her.

Had things turned out differently, that compassion would certainly not have been so forthcoming. But it didn't. End of story.

Sorry to pick up on your post alone Loon thumbup
I can live with being picked on, it happens a lot on here smile However, in answer to getting her off, then I've quoted your OP and highlighted a bit. There is little point in fighting something if you're not trying to get way with it.


LaurasOtherHalf said:
i'll try & keep this as short as possible until i know further details but he's the sorry saga, or as much as i know of it so far....

family friend out with another friend yesterday afternoon & consumed alcohol (no idea how little or how much).

for whatever reason, she decided to drive home (perhaps 30 miles or so?)

apparently, her car registration was reported to the police, either for erratic driving or leaving a pub after being seen drinking.

after arriving home, she consumed more alcohol.

now, at some point in the evening, police arrive to question her. now, all this at present is a bit "second hand" information, but apparently she got a bit "tired & emotional" & couldn't provide a breath sample-after a lot of goes it would seem.

at which point, the police arrested her & placed her in custody for the night, only to be released at some point today.

any ideas if this is something she can fight in court (if indeed, there might be any chance that she could possibly have been under the limit at the time of driving)? I assumed that refusing to give a sample is a straight ban with do not pass go, if this is the case-what sort of punishment should she expect?

i hasten to add, this is not me who's in this predicament! i've no idea just why she was so stupid as to find herself in this situation but her close family are obviously worried about just how severe the punishment for her stupidity will be.

personal circumstances of the lady in question are someone in good health who is retired so obviously does not need a license for work etc.
Mitigating circumstances Loon m'lud!

If you read the part you've quoted again, you'll read that as well as only having the initial (& not full) facts I stated it would only be worth fighting if she was not guilty. As you've yet to speak to the accused & as she's yet to appear before a jury of her peers I'm not entirely sure on how we can decide if she is indeed guilty or not.

smile

SV8Predator

2,102 posts

164 months

Saturday 19th April 2014
quotequote all
ofthetrousers said:
Opinion doesn't matter for much.
But you seem very free to offer your opinions?

LaurasOtherHalf

Original Poster:

21,429 posts

195 months

Saturday 19th April 2014
quotequote all
La Liga said:
They'd still be 'offered' the evidential test at the station.
She wasn't, & they don't have to.

LoonR1

26,988 posts

176 months

Saturday 19th April 2014
quotequote all
LaurasOtherHalf said:
Mitigating circumstances Loon m'lud!

If you read the part you've quoted again, you'll read that as well as only having the initial (& not full) facts I stated it would only be worth fighting if she was not guilty. As you've yet to speak to the accused & as she's yet to appear before a jury of her peers I'm not entirely sure on how we can decide if she is indeed guilty or not.

smile
Fair enough. The offence and burden of proof seem pretty easy though. Either way I have little sympathy mad lessons need to be learned even in our twilight years.

SV8Predator

2,102 posts

164 months

Saturday 19th April 2014
quotequote all
LaurasOtherHalf said:
However, these are the cards she has dealt herself & is obviously extremely worried about the charges.
Struggling with this slightly.

She's so worried about the charges that she's begged her "friend" to ask her questions on an internet forum?


Engineer1

10,486 posts

208 months

Saturday 19th April 2014
quotequote all
Greendubber said:
Zoobeef said:
People that fail to provide get on my tits. You see them on the cop programs and they are pathetic. Its not hard to do, breathe out ffs.
The machines are designed for people with half a lung to be able to blow, its not hard.
Even if a breath sample proves impossible there are other options, and unless you have a raft of serious medical problems one should be suitable.

Mojooo

12,668 posts

179 months

Saturday 19th April 2014
quotequote all
SV8Predator said:
Struggling with this slightly.

She's so worried about the charges that she's begged her "friend" to ask her questions on an internet forum?
its free to ask questiopns on the internet you know

LoonR1

26,988 posts

176 months

Saturday 19th April 2014
quotequote all
Mojooo said:
its free to ask questiopns on the internet you know
It's also likely to get 100 times as much bks as correct and useful info.