Statutory option to have breath test replaced
Discussion
Mk3Spitfire said:
Please elaborate?
Explanatory note: http://www.legislation.gov.uk/ukpga/2015/20/notes/...kapiteinlangzaam said:
So have they suddenly improved the accuracy of the handheld scanners?
The handheld only detect impurity's in you breath, one of which could be Alcohol, asthmatic? take a blast on your inhaler and then do the test, you'll fail too. Its the superdupa spectrograph one in the station that actually detects booze
Elroy Blue said:
No more going to blood. it's a straight charge. And about time too.
I'm amazed you haven't been told.
I knew it was coming (if nothing else it's been spoken about on here before) but I was more interested in the reasoning behind the amendment. I'm guessing, that the "statutory option" was introduced when station intoxilysers were less accurate? But that said, the actual machines haven't changed for some time now. I'm amazed you haven't been told.
It is about time indeed. No more decanting people's pi** at half 4 in the morning can only be a good thing, and it will save a shed load in forensic costs.
Drumroll said:
No, any charging is done following a breath test at a police station. Roadside is still only a "indication" How people with COPD etc will get on now I don't know.
I've heard rumours of new devices soon to be fitted to response vehicles. A compromise between hand held devices, and the station intoxilysers. Sufficiently accurate to provide samples of evidential value, and reduce the need for PIC's to be taken to the nick. I can see some issues with that...but it's a rumour I have heard. New MG DD/A form published today (ver 7.0 dated Feb 2015). See page 11.
https://www.gov.uk/government/uploads/system/uploa...
https://www.gov.uk/government/uploads/system/uploa...
Drumroll said:
No, any charging is done following a breath test at a police station. Roadside is still only a "indication" How people with COPD etc will get on now I don't know.
Article makes mention of those possible exemptions ("unless there are particular reasons (e.g. medical) why breath specimens cannot be obtained."), so it's still covered.It would appear that this doesn't remove the option to provide blood or urine, only the choice to do so from the person under arrest.
As such all it would really seem to do away with is those who think that by opting for blood/urine, or acting like they can't provide a breath sample because of some hitherto undisclosed nebulous medical condition, and/or dragging out the process as long as possible and hoping that the doctor is unavailable for a long time, etc that they will somehow beat the rap. No sympathy for those people I'm afraid.
Mk3Spitfire said:
I've heard rumours of new devices soon to be fitted to response vehicles. A compromise between hand held devices, and the station intoxilysers. Sufficiently accurate to provide samples of evidential value, and reduce the need for PIC's to be taken to the nick. I can see some issues with that...but it's a rumour I have heard.
I find it hard to believe they'd charge & release on the roadside. I suspect they've just managed to make the vehicle units accurate enough to be evidential at the roadside, which frankly, should have happened years ago.https://www.google.co.uk/url?sa=t&rct=j&q=...
Alludes to portable evidential tests being developed in 2011 - as does this document in 2012;
https://www.gov.uk/government/uploads/system/uploa...
Edited by Cyberprog on Friday 10th April 11:54
Greendubber said:
I've never had anyone who's taken the statutory option come back under, they've always come back over and ended up charged.
So good as it always appeared to be an expensive and time consuming process.
I probably cancel/no crime half a dozen a year where bloods come back under the limit and drivers are released no further action. Under the new rules theyd all have finished up with a potential ban.So good as it always appeared to be an expensive and time consuming process.
un1corn said:
I'm suprised that the first i've actually heard of this is on a motoring forum.
Oh wait, we're talking about my constabulary here...
Why do you do you think you should be informed. Are you planning to do a bit of drink driving? Do you think you should be notified of every amendment to all the other laws. It's a pretty common occurrence. Oh wait, we're talking about my constabulary here...
Bigends said:
I probably cancel/no crime half a dozen a year where bloods come back under the limit and drivers are released no further action. Under the new rules theyd all have finished up with a potential ban.
Since when do drink drivers get crimed??? Total poppycock. In 20yrs and hundreds of drink drivers, never ever had one come back under
Elroy Blue said:
Since when do drink drivers get crimed??? Total poppycock.
In 20yrs and hundreds of drink drivers, never ever had one come back under
I was thinking the same. Never ever crimed a DD. Always found it strange that it isn't recorded as such. Doesn't show up as a PI. One of the most important jobs as far as I'm concerned.In 20yrs and hundreds of drink drivers, never ever had one come back under
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff