Drink Driver cock up after accident.
Discussion
An "acquaintance" of mine left work early last Friday and went round the pub for a few beers, he then rode his motorbike home but had someone pull a U turn in front of him resulting in a clasic T bone, now had he not been drinking he well have seen this coming and I can't really feel that sorry for him (no I'm not saying he desrves to die 
) anyway the end result was an ambulance got called and he went off to hospital to get to checked out as he'd banged his head pretty hard, the police took a breath sample on the portable machine at the scene and he went instantly red, he "thinks" he was then cautioned before going to hospital. At the Hospital they gave him a quick once over before saying he was free to go home but to come straight back if he had any concussion symptons. Off home he went to sleep it off, the next morning the Bib turn up on the doorstep arrest him and off to the station he goes, blows the big calibrated machine and he's clear so he's allowed to go home again. Now the police have no evidence for the DD charge (no blood or urine samples were taken at hospital) and are trying to prosecute for failing to provide, he claims he was dazzed and confused after the accident and can't even remember blowing the portable machine let alone being cautioned and claims he has therefore done nothing wrong and believes he will get away with it.
So ignoring the moral rights and wrongs about the fact he obviously did drink and drive (thats not for debate here), what are the chance of a successfull prosecution ??????
) anyway the end result was an ambulance got called and he went off to hospital to get to checked out as he'd banged his head pretty hard, the police took a breath sample on the portable machine at the scene and he went instantly red, he "thinks" he was then cautioned before going to hospital. At the Hospital they gave him a quick once over before saying he was free to go home but to come straight back if he had any concussion symptons. Off home he went to sleep it off, the next morning the Bib turn up on the doorstep arrest him and off to the station he goes, blows the big calibrated machine and he's clear so he's allowed to go home again. Now the police have no evidence for the DD charge (no blood or urine samples were taken at hospital) and are trying to prosecute for failing to provide, he claims he was dazzed and confused after the accident and can't even remember blowing the portable machine let alone being cautioned and claims he has therefore done nothing wrong and believes he will get away with it. So ignoring the moral rights and wrongs about the fact he obviously did drink and drive (thats not for debate here), what are the chance of a successfull prosecution ??????
Mel,
Leavin out the 'morals' of this...
Sounds like the BiB messed up here, and didn't get a Hospital Procedure Breath Test done in time prior to your 'friend' leaving Hosp. By doing a roadside test, and failing, he should have been arrested, but it sounds like the medical stuff then took priority. In which case if injuries were that obvious, roadside test should not have been attempted.
Was he actually charged with anything or has he received a summons?
Was he released by the Hosp, or did he 'do a runner' before BiB turned up, knowing the score?
Bottom line...it will be difficult to prove DD, and the 'failing to provide' is difficult to coment on without the minor details. Good brief would pick holes in the procedure though!
Lucky 'friend'
Rgds
Leavin out the 'morals' of this...
Sounds like the BiB messed up here, and didn't get a Hospital Procedure Breath Test done in time prior to your 'friend' leaving Hosp. By doing a roadside test, and failing, he should have been arrested, but it sounds like the medical stuff then took priority. In which case if injuries were that obvious, roadside test should not have been attempted.
Was he actually charged with anything or has he received a summons?
Was he released by the Hosp, or did he 'do a runner' before BiB turned up, knowing the score?
Bottom line...it will be difficult to prove DD, and the 'failing to provide' is difficult to coment on without the minor details. Good brief would pick holes in the procedure though!
Lucky 'friend'
Rgds
robocop said:
By doing a roadside test...
Morning troops.
Robocop, isn't there a time interval after consuming falling down water, in which a breath test should not be administered? Maybe due to alcohol in the mouth rather than exhaled air from the bloodstream? I believe some mouthwashes can make you look like alcy of the year. If so, depending on timescale, would the first test be inadmissible?
>> Edited by turbobloke on Friday 27th August 11:32
Robocop please note I used the term "acquaintance" rather than "friend" this really is a bloke I know of and have very little respect for. However I think yes he did "do a runner" from the hospital before the Bib turned up fully knowing the score (I don't even think he went directly home that night) and is playing the "I was concussed, I don't remember" card in order to "get off". It is also my suspicion that there was actually FA wrong with him and the dizzyness, faint feelings, and blurred vision only came on after he blew red. Right or wrong I suspect he may well have played the system and may well get off, by exploiting the fact it was a Friday night and the plod were a bit pushed for resources.
turbobloke said:
... isn't there a time interval after consuming falling down water, in which a breath test should not be administered?
>> Edited by turbobloke on Friday 27th August 11:32
Morning Turbobloke
Yes, you have to wait 20 minutes after the person last consumed alcohol and 5(maybe 10?) after they had a smoke. They would(should) ask him those questions prior to doing the test, and would have to wait if he just stepped out of the pub holding the bottle!
Doesn't buy you a lot of time though, in case any of you reading this are thinking of trying that one!
If its already in your system, 20min wont make much of a difference unless you had a half of Watneys(like makin love in a boat....'effin close to water!
) Rgds
mel said:
...However I think yes he did "do a runner" from the hospital before the Bib turned up fully knowing the score..
... Right or wrong I suspect he may well have played the system and may well get off, by exploiting the fact it was a Friday night and the plod were a bit pushed for resources.
Thought that might have been the case.
DrinkDrivers are sooooo predictable. The only sure thing in this case, is that he will do it again and he will be caught eventually. I only hope its before he kills someone!!
The BiB will purue this all the way because of this. They will use the roadside result, the fact that he legged it from Hosp, that he didn't go home, that he magically forgot it all etc etc to build a case. They may even check mobile phone records, friends, family to build up a picture of what he did that night.
It worked for that over-paid football w
r the other week... Rgds
robocop said:
DrinkDrivers are sooooo predictable. The only sure thing in this case, is that he will do it again and he will be caught eventually. I only hope its before he kills someone!!
Well as he is on a motorbike it would apper that the most likely person to be killed is himself! Already seems to have had one go at it.
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