Standard practice by police at an RTA?

[Hawmaws]

Last night we were rear-ended by a car at traffic lights. Quite significant damage to both cars

I dialled 101, the police arrived and in due course arrested the other driver for refusing to take a breath test.

The police guys were very polite and efficient, but they didn't take any form of statement from me, which I was surprised about.

Is this normal practice?

[Magic919]

I'd presume the accident doesn't concern them.

[gruffalo]

I guess they felt like they had their man so weren't too worried. If they need further details from you I am sure they have your details and can get a statement at a later date in a much more comfortable environment than at the side of the road on a freezing cold night.

[anonymous-user]

If they need a statement I'm sure they'll follow it up with you later on. I imagine if the guy is refusing to provide a breath sample they'll want to get him to the station ASAP so the rest of the process can kick in.

[Greendubber]

Nothing to worry about at all.

[agtlaw]

The first person to correctly identify the penalty for refusing a roadside breath test wins a cookie.

[TooMany2cvs]

Hawmaws said:

Last night we were rear-ended by a car at traffic lights. Quite significant damage to both cars

I dialled 101, the police arrived and in due course arrested the other driver for refusing to take a breath test.

The police guys were very polite and efficient, but they didn't take any form of statement from me, which I was surprised about.

Is this normal practice?

Would your statement have any bearing on a drink-drive charge?

[Lgfst]

Any injuries? Or damage only?

[anonymous-user]

agtlaw said:

The first person to correctly identify the penalty for refusing a roadside breath test wins a cookie.

Isn't it SFA, it's refusing the evidential tests back at the station that matters?

[SS2.]

agtlaw said:

The first person to correctly identify the penalty for refusing a roadside breath test wins a cookie.

Discretionary ban or 4 penalty points, maximum £1,000 fine ?

[Hawmaws]

Lgfst said:

Any injuries? Or damage only?

No injuries in our car, but he was totally incoherent, so don't know about him.

[Hawmaws]

TooMany2cvs said:

Would your statement have any bearing on a drink-drive charge?

I suppose not. I've never been involved in such a big accident, so I'm not sure how these things work.

[un1corn]

agtlaw said:

The first person to correctly identify the penalty for refusing a roadside breath test wins a cookie.

There's no offence for refusal at roadside, as long as you don't refuse at the station.

Chocolate orange hob-nob please.

[agtlaw]

un1corn said:

There's no offence for refusal at roadside, as long as you don't refuse at the station.

Wrong. See s. 6(6) RTA 1988.

The offence is non-imprisonable. Level 3 fine (£1000). Discretionary disqualification or 4 penalty points. DVLA code DR70.

SS2. wins a cookie!

[iDrive]

Given that the Officers didn't witness the other driver driving, not impossible that they will want a statement from you to confirm you did see them?

If the Police Charge and then the accused presents a defence at Court that there was no evidence of them driving, unlikely to be prosecuted?

[agtlaw]

Assuming he gives an evidential breath specimen then:

Interview + confession = conviction.

Edited by agtlaw on Sunday 17th January 18:40

[Lgfst]

Hawmaws said:

No injuries in our car, but he was totally incoherent, so don't know about him.

If it's no injury (in greater manchester at least) then no report. Will go to it if one driver is believed to be under the influence or road is blocked. But if neither of those it's for the insurance companies to sort.

(And no I'm not in the police)

[focusxr5]

iDrive said:

Given that the Officers didn't witness the other driver driving, not impossible that they will want a statement from you to confirm you did see them?

If the Police Charge and then the accused presents a defence at Court that there was no evidence of them driving, unlikely to be prosecuted?

If the officers suspect he was driving and require the specimen of breath and he refuses then it's an absolute offence. He can argue until he's like in the face that it wasn't him but he's still committed the offence of fail to provide so it won't matter.

Won an identical case last year on that basis.