Failure to give sample of breath- automatic loss of licence?
Discussion
Just watching police interceptors and there's a guy who has refused to do the evidential breath test. The narrator says this will cause him to automatically lose his licence which I believe is correct but is it automatic in the sense that the police take away your licence immediately or will he still be able to drive till it goes to court? I'm guessing the former but am curious to know if the police can take away somebody's licence just like that.
ModernAndy said:
Just watching police interceptors and there's a guy who has refused to do the evidential breath test. The narrator says this will cause him to automatically lose his licence which I believe is correct but is it automatic in the sense that the police take away your licence immediately or will he still be able to drive till it goes to court? I'm guessing the former but am curious to know if the police can take away somebody's licence just like that.
Charged to court. Court will ban him.
Only a Court can disqualify a person from driving. The police cannot impose criminal sanctions. If they did they would act in breach of the common law principles of due process now codified in Article 6 ECHR. Before anyone mentions speeding tickets, they are conditional offers of a penalty, and if not accepted the driver gets his or her day in Court.
Breadvan72 said:
Only a Court can disqualify a person from driving. The police cannot impose criminal sanctions. If they did they would act in breach of the common law principles of due process now codified in Article 6 ECHR. Before anyone mentions speeding tickets, they are conditional offers of a penalty, and if not accepted the driver gets his or her day in Court.
Section 59(?) - Police take your car away, no trial no appeal?OP, what makes you think that the police have such a power? That is reserved to the magistrates court.
http://www.drinkdriving.org/faq.php
WHAT HAPPENS IF YOU ARE CHARGED?
If a person is charged with a drink driving related offence, they will be bailed to appear at a magistrates court at a later date to answer to the charge(s) brought against them.
Likely to be a slam dunk when your case is heard though - http://www.drinkdrivinglaw.co.uk/offences/failing_...
http://www.drinkdrivingdefences.co.uk/drink-drivin...
http://www.drinkdrivingdefences.co.uk/drink-drivin...
http://www.drinkdriving.org/faq.php
WHAT HAPPENS IF YOU ARE CHARGED?
If a person is charged with a drink driving related offence, they will be bailed to appear at a magistrates court at a later date to answer to the charge(s) brought against them.
Likely to be a slam dunk when your case is heard though - http://www.drinkdrivinglaw.co.uk/offences/failing_...
Wacky Racer said:
Just wondered....
Are there ANY circumstances where "failure to provide" could still end up with you getting off and keeping your licence?
For example genuine health/medical issues,...not able to give a sample or blood.... or is it set in stone?
You would need an expert medical report of sufficient weight to convince the bench.Are there ANY circumstances where "failure to provide" could still end up with you getting off and keeping your licence?
For example genuine health/medical issues,...not able to give a sample or blood.... or is it set in stone?
http://www.drinkdrivingdefences.co.uk/drink-drivin...
http://www.drinkdrivingdefences.co.uk/drink-drivin...
Pete317 said:
What do the police do if they stop someone for driving erratically and smelling of alcohol, and they refuse to give a sample?
Surely they can't just allow them to continue driving while in that condition?
They'd take them to the station and give them the chance to use the evidential machine. If they refuse or blow positive then they'll spend some time in the cells to sober up.Surely they can't just allow them to continue driving while in that condition?
Pete317 said:
What do the police do if they stop someone for driving erratically and smelling of alcohol, and they refuse to give a sample?
Surely they can't just allow them to continue driving while in that condition?
They'd take them to the station and give them the chance to use the evidential machine. If they refuse or blow positive then they'll spend some time in the cells to sober up.Surely they can't just allow them to continue driving while in that condition?
ModernAndy said:
Pete317 said:
What do the police do if they stop someone for driving erratically and smelling of alcohol, and they refuse to give a sample?
Surely they can't just allow them to continue driving while in that condition?
They'd take them to the station and give them the chance to use the evidential machine. If they refuse or blow positive then they'll spend some time in the cells to sober up.Surely they can't just allow them to continue driving while in that condition?
In retrospect, it was a silly question - which I probably would not have asked had I thought about it for 5 seconds more.
Pete317 said:
Thanks.
In retrospect, it was a silly question - which I probably would not have asked had I thought about it for 5 seconds more.
It does raise a further question; is it illegal to fail to provide a sample of breath for the hand held units or does it just mean they'll take you to the station to make you give a sample on the evidential machine?In retrospect, it was a silly question - which I probably would not have asked had I thought about it for 5 seconds more.
There are people who are physically unable to provide a specimen of breath. For example, I doubt if my wife could as she suffers from COPD (Chronic Obstructive Pulmonary Disorder). She carries her 'puffer' with her and would have to explain her condition. How that might or might not work if she was ever required to do a breath test in a bit uncertain.
But she never drinks at all because of her medication.
But she never drinks at all because of her medication.
ModernAndy said:
It does raise a further question; is it illegal to fail to provide a sample of breath for the hand held units or does it just mean they'll take you to the station to make you give a sample on the evidential machine?
Yes - Road Traffic Act section 6 makes it an offence to fil to comply with a preliminary test. IIRC the penalty is 4 points and a fine - as well as a trip to the station in handcuffs to give an evidential sample.Cooperman said:
There are people who are physically unable to provide a specimen of breath. For example, I doubt if my wife could as she suffers from COPD (Chronic Obstructive Pulmonary Disorder). She carries her 'puffer' with her and would have to explain her condition. How that might or might not work if she was ever required to do a breath test in a bit uncertain.
But she never drinks at all because of her medication.
She would have the option to provide bloods or unine instead. If she then refused to provide one of them then she'll be charged.But she never drinks at all because of her medication.
Ki3r said:
I may be wrong, but I believe if you fail to provide you have to do a medical to get your licence back. The same if you are over twice (I think) the limit.
Yup, correct - you will get a DR30 and fall into the High Risk Offender category. Same as being 2.5x over the limit or 2x in 10 years. Will have to pay for a medical after the ban expires before you get the licence backForums | Speed, Plod & the Law | Top of Page | What's New | My Stuff