Wildy's at it again - BiB Bashing!
Wildy's at it again - BiB Bashing!
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Discussion

WildCat

Original Poster:

8,369 posts

272 months

Wednesday 15th December 2004
quotequote all
According to the local rag - mighty big row has erupted in GMP after a police inspector's drink drive charge was thrown out on a technicality argued by cunning "celeb" lawyer.

The Inspector in question turned up for work looking a little worse for wear (bleary eyes und red complexion) after a heavy drinking session the previous night. A subsequent blood test revealed he was one and a half times above the limit. However, his colleague - flustered and because he was a mate - did not give him a caution or read him his rights - and so he got off on this technicality

The only evidence was that his car was on the car park - but no evidence that he had driven to work

The Inspector has now been moved to a desk job and will be up before an internal disciplionary as "technically" - he was drunk whilst on duty!

So ...now to the PH and jury ... what is your verdict und what would you do to him ...

philthy

4,697 posts

269 months

Wednesday 15th December 2004
quotequote all
use no discretion ?

Phil

s2art

18,942 posts

282 months

Wednesday 15th December 2004
quotequote all
Bloody stupid to do him on a technicality. The whole issue of morning after 'drunkeness' needs looking at. How many people drive to work half dazed thru insufficient sleep, nothing to do with alcohol.
IIRC the effect of alcohol 'the next day' is nothing like as bad as when recently imbibed.
This is the problem of using an inaccurate proxy for sobriety; breath alcohol, rather than a true test of co-ordination/reflex.

Flat in Fifth

48,747 posts

280 months

Wednesday 15th December 2004
quotequote all
Well afaik the test showed that he might have been over the limit based on back counting from the test to the time when it was thought he might have driven.

Someone please correct me if I'm wrong.

I agree this sets a terrible example, but if the evidence isn't there it isn't there, albeit due to a number of cock-ups.

Guess time for a meeting without coffee as someone succintly put it.

Personally 12 hour rule works for me. These days more like 12 day rule.........

ca092003

797 posts

266 months

Wednesday 15th December 2004
quotequote all
He has been found not guilty in a court of law. Case closed?

If anyone is looking for guilt, I'd suggest looking at the BiB's who failed in their duty to ensure that the correct procedures were followed.

No Discretion

655 posts

261 months

Wednesday 15th December 2004
quotequote all
philthy said:
use no discretion ?

Phil


As a supervisor...he'd probably be the first to 'fizz' a constable..so taste of own medicine....I think..(not whisky though..)

No Discretion

655 posts

261 months

Wednesday 15th December 2004
quotequote all
ca092003 said:
He has been found not guilty in a court of law. Case closed?

If anyone is looking for guilt, I'd suggest looking at the BiB's who failed in their duty to ensure that the correct procedures were followed.


Misdemeanor.....nerves etc due to it being a supervisor etc...

Just like a woman who recently got off a drink driving charge stating that she had been nervous at the station and didn't understand everything that was said to her....

kenp

654 posts

277 months

Wednesday 15th December 2004
quotequote all
I don't really believe that BiB should be treated any differently to Joe Public, but the technicality of 'no caution or rights read' is absolute tosh, since those issues are part of the daily routine. A BiB does not need to be cautioned or reminded of his rights FFS!

catso

16,430 posts

296 months

Wednesday 15th December 2004
quotequote all
kenp said:
A BiB does not need to be cautioned or reminded of his rights FFS!


Unless he was to pissed to remember them!

one more step towards a 'some men are more equal than others' state

stackmonkey

5,084 posts

278 months

Thursday 16th December 2004
quotequote all
As the officer was apparently still drunk, should he not have been sent home in a taxi (at his own expense) with a 'flea in his ear'?

silverback mike

11,293 posts

282 months

Thursday 16th December 2004
quotequote all
kenp said:
I don't really believe that BiB should be treated any differently to Joe Public, but the technicality of 'no caution or rights read' is absolute tosh, since those issues are part of the daily routine. A BiB does not need to be cautioned or reminded of his rights FFS!


Ken, it is a legal process, the same as if I failed to caution a member of public for an offence. It is a breach of pace so therefore inadmissable.

However wrong or right the decision is deemed to be.

off_again

13,917 posts

263 months

Thursday 16th December 2004
quotequote all
WildCat said:

So ...now to the PH and jury ... what is your verdict und what would you do to him ...

Technicalities exist for anyone who is at the receiving end of the law - be it public or police. So he got off, his career is effectively over though. If he is not pensioned off within a year I will be suprised. Or alternatively he might end up with the post of something like "community support officer for Mosside"....

Its wrong I know. But the law is the law and procedures need to be followed. There is no half measures, its black and white with no middle ground. Be sure though, this is not going to happen again.....

The Wiz

5,875 posts

291 months

Thursday 16th December 2004
quotequote all
WildCat said:
According to the local rag - mighty big row has erupted in GMP after a police inspector's drink drive charge was thrown out on a technicality argued by cunning "celeb" lawyer.

The Inspector in question turned up for work looking a little worse for wear (bleary eyes und red complexion) after a heavy drinking session the previous night. A subsequent blood test revealed he was one and a half times above the limit. However, his colleague - flustered and because he was a mate - did not give him a caution or read him his rights - and so he got off on this technicality


The Police screwed up. He got off. End of story. If they do not follow procedures then frankly this will happen.

Graham

16,381 posts

313 months

Thursday 16th December 2004
quotequote all
To me the whole thing sounds like a complete waste of time and money..

I agree with the " sent home in a taxi" idea.

i doubt there are many people who have the odd drink that have driven the following morning and may still have been over the limit.

now we have had a guy presumerably suspended,and expensive court case, and internal enquiry, a guys career over and another investigation in to the chap that fecked up pace.

DD has no excuse but i would have thought discretion would have been better in that case.

although for it to get that far presumerable the guy had it comming, there must be more behind it.. maybe it was a regualar occurance and the other bib had already had a word...

swilly

9,699 posts

303 months

Thursday 16th December 2004
quotequote all
Given the Inspector was not read his rights etc etc then the outcome of the courtcase is about right.

The officer that failed to read him his rights should be disciplined for failing to do his job properly.

The inspector should be sacked for being drunk on the job, bringing the profession into disrepute etc etc.

If I came into work drunk, I would be sacked.

It just aint right.

Tafia

2,658 posts

277 months

Thursday 16th December 2004
quotequote all
s2art said:
Bloody stupid to do him on a technicality. The whole issue of morning after 'drunkeness' needs looking at. How many people drive to work half dazed thru insufficient sleep, nothing to do with alcohol.
IIRC the effect of alcohol 'the next day' is nothing like as bad as when recently imbibed.


I believe you are referring to the Melanby effect.

rsvmilly

11,288 posts

270 months

Thursday 16th December 2004
quotequote all
Of the three people I know who have been stupid enough to be done for D&D, all three were caught the morning after.

s2art

18,942 posts

282 months

Thursday 16th December 2004
quotequote all
Tafia said:

I believe you are referring to the Melanby effect.


Correct, thanks for reminding me. Just did a quick google, its MeLLanby apparently.

A brief read on some of the studies indicates some pretty large variations in the time required to eliminate alcohol, even with the same person. Drinking on a heavy meal can extend the time of processing many hours while reducing peak blood alcohol levels.

This makes it almost impossible to know what your status is the morning after. So personal breathalysers seems the only way.
Alternatively drink a litre or two of orange juice. If nothing else it would dilute the blood for a while.

Dibble

13,276 posts

269 months

Thursday 16th December 2004
quotequote all
s2art said:
Alternatively drink a litre or two of orange juice. If nothing else it would dilute the blood for a while.


Er, don't think so. Unless you happen to drink it intravenously, of course.

s2art

18,942 posts

282 months

Friday 17th December 2004
quotequote all
Dibble said:

s2art said:
Alternatively drink a litre or two of orange juice. If nothing else it would dilute the blood for a while.



Er, don't think so. Unless you happen to drink it intravenously, of course.


Errm, no. If there has been some dehydration (normal after drinking) then drinking a large amount of fluid will dilute the alcohol in the blood. Just where do you think the water goes that you drink? Really?

Through the digestive system, into the blood, and excreted via the kidneys (mainly). Biology basics.

The added benefit of orange juice is that fructose seems to suppress breath alcohol, and , due to the fructose/glucose now in the bloodstream (via the digestive system) the body will naturally increase the amount of water in the blood to try to keep solute concentrations constant.
I suppose you could just eat some salt to get the same effect, requiring the body to pump extra water into the blood, but not so pleasant and without the seeming benefit of fructose.