Nightmare situation - Please help

Nightmare situation - Please help

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Discussion

agtlaw

6,702 posts

206 months

Saturday 7th February 2015
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So, you're assuming a refusal to provide. I'm not. I'd rather wait for clarification of the actual facts.

Mk3Spitfire

2,921 posts

128 months

Saturday 7th February 2015
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don'tbesilly said:
I thought the same, but guessed there are two different venues.
Wine tasting sessions tend to be a lot more civilised with less chances to spike a drink too.

Mk3Spitfire

2,921 posts

128 months

Saturday 7th February 2015
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agtlaw said:
So, you're assuming a refusal to provide. I'm not. I'd rather wait for clarification of the actual facts.
He states "I failed to provide". As in that is what he's been charged with. What is your point?

killerferret666

462 posts

188 months

Saturday 7th February 2015
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At wine tasting do you actually drink glasses of wine? (for the uneducated here) Every time i've seen it on TV they spit it out.

And do the tasting sessions last long enough to have 3 glasses of wine, my gf's glass of wine seems to last forever (luckily biggrin )




killerferret666

462 posts

188 months

Saturday 7th February 2015
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Mk3Spitfire said:
He didn't. He failed to provide.
thanks for some reason I had in my head he failed to provide at the roadside.

I'd like to know if he got a reading at the road side then decided to refuse at the station.

Mk3Spitfire

2,921 posts

128 months

Saturday 7th February 2015
quotequote all
killerferret666 said:
At wine tasting do you actually drink glasses of wine? (for the uneducated here) Every time i've seen it on TV they spit it out.

And do the tasting sessions last long enough to have 3 glasses of wine, my gf's glass of wine seems to last forever (luckily biggrin )
The ones I have been to, you're given a disappointingly small amount with the option of spitting or swallowing (steady now). Depending on how many samples they give you though, it can add up to quite a bit.

Mk3Spitfire

2,921 posts

128 months

Saturday 7th February 2015
quotequote all
killerferret666 said:
thanks for some reason I had in my head he failed to provide at the roadside.

I'd like to know if he got a reading at the road side then decided to refuse at the station.
He's gone very quiet, and didn't give all the details in the first place. He said he was arrested for drunk driving not failing to provide, but he could have misunderstood/forgotten/been too smashed to know for sure.

agtlaw

6,702 posts

206 months

Saturday 7th February 2015
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Mk3Spitfire said:
He states "I failed to provide". As in that is what he's been charged with. What is your point?
You don't understand the section 7 procedure, that much is obvious. Failure to provide does not mean refusal to provide.

Mk3Spitfire

2,921 posts

128 months

Saturday 7th February 2015
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agtlaw said:
You don't understand the section 7 procedure, that much is obvious. Failure to provide does not mean refusal to provide.
I didn't undetstand you, or what you were getting at. I also don't care to interact with you, so I'll leave you to it.

Chrisgr31

13,467 posts

255 months

Saturday 7th February 2015
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Mk3Spitfire said:
The ones I have been to, you're given a disappointingly small amount with the option of spitting or swallowing (steady now). Depending on how many samples they give you though, it can add up to quite a bit.
Pleased I havent been to the ones you have been to then! biggrin Those I have been to have usually involved a full measure of wine, but then I have always been with those known to like a glass of wine!

So to me 3 glasses of wine at wine tasting sounds a small amount, although I think it depends on your definition of small. A standard glass of wine is a disappointingly small amount, so its possible the OP had more than 3 small glasses of wine.

agtlaw

6,702 posts

206 months

Saturday 7th February 2015
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Mk3Spitfire said:
I didn't undetstand you, or what you were getting at.
I realise this.

In my experience, the most common form of the offence is trying to give a breath specimen but failing to give TWO breath samples of sufficient duration in time and or capacity within the time allowed. The least common form of the offence (again in my own experience) is the guy who says to the police "I'm not giving you a specimen"

You've 'corrected' someone when you don't have sufficient information and are simply guessing at facts. The charge doesn't tell you how the offence was committed. Hopefully that's clearer now?


Edited by agtlaw on Saturday 7th February 19:42

Chrisgr31

13,467 posts

255 months

Saturday 7th February 2015
quotequote all
Mk3Spitfire said:
agtlaw said:
You don't understand the section 7 procedure, that much is obvious. Failure to provide does not mean refusal to provide.
I didn't undetstand you, or what you were getting at. I also don't care to interact with you, so I'll leave you to it.
Surely there is a difference between refusing to provide, ie not even trying, and failing to provide whic would indicate an unsuccessful attempt to provide whether deliberate or not.

don'tbesilly

13,930 posts

163 months

Saturday 7th February 2015
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Reading the OP's post he states he was arrested for drink driving.

Would I be incorrect in assuming to be arrested for DD a breathalyser would have been given and the OP failed,hence the arrest.

The OP then went on to say he failed to produce, what he doesn't state is why he failed, was it because he was unable as he was too pissed, or did he just refuse outright, would either scenario result in the same result, a charge of failing to produce?

I've no idea by the way, just curious.

Mk3Spitfire

2,921 posts

128 months

Saturday 7th February 2015
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agtlaw said:
I realise this.

In my experience, the most common form of the offence is trying to give a breath specimen but failing to give TWO breath samples of sufficient duration in time and or capacity within the time allowed. The least common form of the offence (again in my own experience) is the guy who says to the police "I'm not giving you a specimen"

You've 'corrected' someone when you don't have sufficient information and are simply guessing at facts. The charge doesn't tell you how the offence was committed. Hopefully that's clearer now?


Edited by agtlaw on Saturday 7th February 19:42
Thank you, you're a sweetheart.

If you weren't such an obnoxious oaf (IMO, of course) i'm sure you'd be a very interesting chap to know.

From my time as a response PC I had very little to do with traffic. Of the DD's I did have, and of those, the ones that refused to provide, they did just that - refused. I never had any who were unable or failed to provide. It was always the outright refusal. Although I appreciate there is a very fine line between the two. It doesn't take a lot to run out of time or suddenly be unable to provide the two specimens. So, yes, much clearer now. Thank you.

Mk3Spitfire

2,921 posts

128 months

Saturday 7th February 2015
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Chrisgr31 said:
Pleased I havent been to the ones you have been to then! biggrin Those I have been to have usually involved a full measure of wine, but then I have always been with those known to like a glass of wine!

So to me 3 glasses of wine at wine tasting sounds a small amount, although I think it depends on your definition of small. A standard glass of wine is a disappointingly small amount, so its possible the OP had more than 3 small glasses of wine.
These have been small, social affairs where the sommelier has brought along circa 16 bottles. You got a dribble, probably a 50ml shot, but lots of them. That said, they were DAMN fine tasting wines. (Paeroth I think they were).

Petrus1983

8,673 posts

162 months

Saturday 7th February 2015
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You're about to say goodbye to your driving license - on this one I'd even save money on the solicitor and put it towards taxis for the next 18 months.

Monkeylegend

26,334 posts

231 months

Saturday 7th February 2015
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menor95 said:
Two nights ago my drink was spiked and whilst walking home I had somehow found my way into my car and crashed into a high curb. No surprise that somebody called the police and I was arrested for drink driving. I consumed 3 small glasses of wine at a wine tasting session and later a single JD and Coca Cola and it was the last drink that was spiked. Unfortunately I do not recall the events that took place that night
Did somebody else tell you all this after the event?

Butter Face

30,280 posts

160 months

Saturday 7th February 2015
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Waking home and found your way into your car? hehe

Brilliant.


Spiked drink, sure..... rofl

Medic-one

3,105 posts

203 months

Saturday 7th February 2015
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Chicken said:
Spikings usually have a purpose. If somebody has spent money buying an illicit substance they are not just going to give it to a stranger. Generally there are three reasons to spike a drink:
1) 'having a laugh', done by mates to see how funny it is - speak to the people you were out with, do any of them seem like the type who would play this joke
2) Robbery. Anything missing?
3) Assault/Sexual Assault. Anything hurting?

If none of these three seem likely then I would suggest that it's very improbable you were spiked, and instead were just pissed.
This.

Unfortunately part of my job is dealing with people who can't handle their drinks and a good 70% of our call on a friday and saturday night are alcohol related and every single time it's "my drink must have been spiked".

Er no, it wasn't. You decided to drink too much, often on an empty stomach, and now you're drunk and feeling ill and wasting our time.

If people are that drunk they can't even stand up any more or to 'out of it' we have a duty of care and have to bring to them A&E (so they can take up a valuable bed of someone who actually needs it...) and all of these "my drink was spiked" people end up going home after sobering up, with a clear bloodtest showing no drugs in their system.

You tell any police/ambulance/a&e person your drink was spiked, all we hear is "i drank more then i can handle".

I'm not trying to be mean here, but in my 10+ years on the job experience, that is just the way it is i'm afraid.


agtlaw

6,702 posts

206 months

Saturday 7th February 2015
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Mk3Spitfire said:
He's gone very quiet, and didn't give all the details in the first place. .
Saturday night. He's probably gone for a drive to the pub.