Caught drink driving
Discussion
Again, it sems to depend on the part of the country.
A recent Defendant went out drinking and binged it up and returned to the car park where he tried to sleep it off. His argument was that he would have slept it off but for a car park attendant who said he couldn't sleep there and who had alerted the Police. As the statutory defence applied to being drunk in charge of a motor vehicle, the attending traffic car waited outside and did nothing except wait to see if he drove the car. The Defendant was told by the car park attendant that the officer wanted to speak to him - presumably as he didn't want him in his car park. Now the Defendant could have walked out and spoken to the police officer but used an obscure "I'm in the armed forces, I do as I'm told" approach and drove out. There was no evidence that the police officer had made any request nor indeed spoken to the car park attendant. The Defendant exited the car park but never approached the police car, he drove the other way because it was one way system. As soon as the police car moved, he pulled over. My cross-examination was cut short at the point when I asked the question "If someone told you to drive off a cliff, would you?". Special reasons were found on the grounds of shortness of distance driven.....by a District Judge. There were many unsatisfactory aspects to the case such as why did he drive into town knowing he was going to binge drink and would he have driven off had the traffic car not moved. As I say, it depends on which Court you're in, what day of the week it is and whether Mercury is aligned with Saturn's moons.
A recent Defendant went out drinking and binged it up and returned to the car park where he tried to sleep it off. His argument was that he would have slept it off but for a car park attendant who said he couldn't sleep there and who had alerted the Police. As the statutory defence applied to being drunk in charge of a motor vehicle, the attending traffic car waited outside and did nothing except wait to see if he drove the car. The Defendant was told by the car park attendant that the officer wanted to speak to him - presumably as he didn't want him in his car park. Now the Defendant could have walked out and spoken to the police officer but used an obscure "I'm in the armed forces, I do as I'm told" approach and drove out. There was no evidence that the police officer had made any request nor indeed spoken to the car park attendant. The Defendant exited the car park but never approached the police car, he drove the other way because it was one way system. As soon as the police car moved, he pulled over. My cross-examination was cut short at the point when I asked the question "If someone told you to drive off a cliff, would you?". Special reasons were found on the grounds of shortness of distance driven.....by a District Judge. There were many unsatisfactory aspects to the case such as why did he drive into town knowing he was going to binge drink and would he have driven off had the traffic car not moved. As I say, it depends on which Court you're in, what day of the week it is and whether Mercury is aligned with Saturn's moons.
I have a very good mate who ended up with 6pts. No Ban, No fine and No costs because he had No intention to drive on a public road, the distance travelled was about 6 ft and he had been driven both to and from the pub in a taxi. A traffic car had been taken off duty in a busy town centre to wait for 1 hr+ for him to get out of the taxi and drive less than 6ft on a public road onto a private lane that led to a farm.
If Carlsberg made Trafpol then they would have made these two, absolutley top draw and obviously would have rather been in town chasing drug taking chav types and pissed 16V anything pilots.
The figues for convictions on that night are available but I'm sure would have been increased had that Traffic car been on duty in it's proper enviroment rather than sat on the side of the road in the quietest part of town. The D/C through town is used as a drag strip by the local boy racers who at 11/12 on a Sat night are very often either pissed or on some kind of drugs.
The fuss when one of them flipped his car into a barrier and killed his best mate had to be seen to be believed, you would swear it was the local plods fault for letting him drive! BTW he was about 3x the limit.............
Sad,sad loss for his family but doesn't it say it all!
I wonder if the Magistrates thought that the Setup Dept. were taking the piss!
Also edited to say that the recipient bears no malice whatsoever towards the local Force or the arresting officers as they have a job to do as well as some 'special' jobs that they are told to do! You know who you are
If Carlsberg made Trafpol then they would have made these two, absolutley top draw and obviously would have rather been in town chasing drug taking chav types and pissed 16V anything pilots.
The figues for convictions on that night are available but I'm sure would have been increased had that Traffic car been on duty in it's proper enviroment rather than sat on the side of the road in the quietest part of town. The D/C through town is used as a drag strip by the local boy racers who at 11/12 on a Sat night are very often either pissed or on some kind of drugs.
The fuss when one of them flipped his car into a barrier and killed his best mate had to be seen to be believed, you would swear it was the local plods fault for letting him drive! BTW he was about 3x the limit.............
Sad,sad loss for his family but doesn't it say it all!
I wonder if the Magistrates thought that the Setup Dept. were taking the piss!
Also edited to say that the recipient bears no malice whatsoever towards the local Force or the arresting officers as they have a job to do as well as some 'special' jobs that they are told to do! You know who you are
Edited by do80 on Tuesday 8th August 22:16
LuS1fer said:
Again, it sems to depend on the part of the country.
A recent Defendant went out drinking and binged it up and returned to the car park where he tried to sleep it off. His argument was that he would have slept it off but for a car park attendant who said he couldn't sleep there and who had alerted the Police. As the statutory defence applied to being drunk in charge of a motor vehicle, the attending traffic car waited outside and did nothing except wait to see if he drove the car. The Defendant was told by the car park attendant that the officer wanted to speak to him - presumably as he didn't want him in his car park. Now the Defendant could have walked out and spoken to the police officer but used an obscure "I'm in the armed forces, I do as I'm told" approach and drove out. There was no evidence that the police officer had made any request nor indeed spoken to the car park attendant. The Defendant exited the car park but never approached the police car, he drove the other way because it was one way system. As soon as the police car moved, he pulled over. My cross-examination was cut short at the point when I asked the question "If someone told you to drive off a cliff, would you?". Special reasons were found on the grounds of shortness of distance driven.....by a District Judge. There were many unsatisfactory aspects to the case such as why did he drive into town knowing he was going to binge drink and would he have driven off had the traffic car not moved. As I say, it depends on which Court you're in, what day of the week it is and whether Mercury is aligned with Saturn's moons.
A recent Defendant went out drinking and binged it up and returned to the car park where he tried to sleep it off. His argument was that he would have slept it off but for a car park attendant who said he couldn't sleep there and who had alerted the Police. As the statutory defence applied to being drunk in charge of a motor vehicle, the attending traffic car waited outside and did nothing except wait to see if he drove the car. The Defendant was told by the car park attendant that the officer wanted to speak to him - presumably as he didn't want him in his car park. Now the Defendant could have walked out and spoken to the police officer but used an obscure "I'm in the armed forces, I do as I'm told" approach and drove out. There was no evidence that the police officer had made any request nor indeed spoken to the car park attendant. The Defendant exited the car park but never approached the police car, he drove the other way because it was one way system. As soon as the police car moved, he pulled over. My cross-examination was cut short at the point when I asked the question "If someone told you to drive off a cliff, would you?". Special reasons were found on the grounds of shortness of distance driven.....by a District Judge. There were many unsatisfactory aspects to the case such as why did he drive into town knowing he was going to binge drink and would he have driven off had the traffic car not moved. As I say, it depends on which Court you're in, what day of the week it is and whether Mercury is aligned with Saturn's moons.
It would appear from your post that you are a member of the CPS.
Care to confirm or deny as I have a few comments to make on what you have written?
I don't think I can be drawn into a public forum debate on specific points but will entertain a PM if something is unclear. I do not think it is appropriate for me to discuss my opinion in relation to matters of public law as opposed to relating facts that are a matter of public record as it's not really my place to do so. As a matter of professional etiquette, neither could I advise anyone on the law who is not on a contractual basis as there is a liabilty attached to it. Hope that assists before Sherlock Holmes tracks me down.
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