Hit and run accident (sort of)
Hit and run accident (sort of)
Author
Discussion

T1berious

Original Poster:

2,669 posts

184 months

Monday 26th April 2021
quotequote all
Friday night, we were woken up by a loud scrape and a bang. A drunk driver had hit two cars in front of our house. The sequence of events that follow will sound like a bizarre comedy sketch.

It unfolds something like this:

  • Driver gets out of car, does a runner
  • The passengers, after some deliberation decide to bail
  • The owners of the hit car come out (the car's still buried in the side of his 520d touring)
  • The Driver decides to come back and try and move the car and drive off (several neighbours take photo's of said driver)
  • The passengers are now waiting for the police
  • Mrs A (a medic) offers the drunk driver some water as he's clearly wasted
  • Every ones just waiting for the police
  • Driver decides waiting for the police is a bad idea and bails (Genius as it's his car he's left behind)
Now my question is he's clearly going to be charged with leaving the scene of an accident (thankfully no one was hurt), he's written off two cars, an XC 90 and the 520d, XC was pretty new.

Now, he was drunk when causing the accident (turns out the passengers had only just met him and waited for the police) but I'm guessing as he left before he could be breathalysed there's no way to prove it.

He was insured but I'm just wondering if he could be done for drunk driving on the testimony of his passengers / those at the scene post accident?

Just curious,

Cheers T1b






Edited by T1berious on Monday 26th April 15:56

thehammer

250 posts

163 months

Monday 26th April 2021
quotequote all
I seem to remember one of these traffic cops style programs recently a guy who stuffed his BMW 1 series into a wall outside somebodies house was convicted of DD based statements from witnesses at the scene.

Pothole

34,367 posts

311 months

Monday 26th April 2021
quotequote all
Why did you allow him to leave, exactly?

320d is all you need

2,114 posts

72 months

Monday 26th April 2021
quotequote all
Pothole said:
Why did you allow him to leave, exactly?
I don't think you can hold people against their will... I think that's called kidnapping.

Psycho Warren

3,087 posts

142 months

Monday 26th April 2021
quotequote all
320d is all you need said:
I don't think you can hold people against their will... I think that's called kidnapping.
Not sure if drink driving is serious enough to do a citizens arrest. If it is, then you can use "reasonable" force to detain him until arrested perfectly legally.

Just don't kneel on his neck....

Lonely

1,099 posts

197 months

Monday 26th April 2021
quotequote all
Psycho Warren said:
320d is all you need said:
I don't think you can hold people against their will... I think that's called kidnapping.
Not sure if drink driving is serious enough to do a citizens arrest. If it is, then you can use "reasonable" force to detain him until arrested perfectly legally.

Just don't kneel on his neck....
The 'seriousness' of the offence has no bearing on arrest. Yes - the members of the public here could have detained without problem..........unless of course it all kicked off!



T1berious

Original Poster:

2,669 posts

184 months

Monday 26th April 2021
quotequote all
Wasn't my car, so wasn't inclined to get involved. Just wanted to check if he could be charged with drunk driving post incident.

Personally, if the police haven't arrived I'm not about to restrain someone only to find I get stabbed in the face.

It was a car, it was insured, no one was hurt and thankfully our society has people trained to do that sort of thing.


Carnage

889 posts

261 months

Monday 26th April 2021
quotequote all
Lonely said:
Psycho Warren said:
320d is all you need said:
I don't think you can hold people against their will... I think that's called kidnapping.
Not sure if drink driving is serious enough to do a citizens arrest. If it is, then you can use "reasonable" force to detain him until arrested perfectly legally.

Just don't kneel on his neck....
The 'seriousness' of the offence has no bearing on arrest. Yes - the members of the public here could have detained without problem..........unless of course it all kicked off!
It does; needs to be an indictable offence for a citizens arrest. Drink driving isn’t an indictable offence.

You’re unlikely to find anything other than gratitude from an attending copper if you do hang on to them.

One of my faves was a lad who robbed someone of their winnings outside a bookies... just as a South African rugby team went in. Restorative justice, swiftly delivered.

Lonely

1,099 posts

197 months

Monday 26th April 2021
quotequote all
Carnage said:
Lonely said:
Psycho Warren said:
320d is all you need said:
I don't think you can hold people against their will... I think that's called kidnapping.
Not sure if drink driving is serious enough to do a citizens arrest. If it is, then you can use "reasonable" force to detain him until arrested perfectly legally.

Just don't kneel on his neck....
The 'seriousness' of the offence has no bearing on arrest. Yes - the members of the public here could have detained without problem..........unless of course it all kicked off!
It does; needs to be an indictable offence for a citizens arrest. Drink driving isn’t an indictable offence.

You’re unlikely to find anything other than gratitude from an attending copper if you do hang on to them.

One of my faves was a lad who robbed someone of their winnings outside a bookies... just as a South African rugby team went in. Restorative justice, swiftly delivered.
24AArrest without warrant: other persons
(1)A person other than a constable may arrest without a warrant—
(a)anyone who is in the act of committing an indictable offence;
(b)anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

I seriously doubt any police officer can list every indictable offence never mind members of the public. There is clear cover for them in PACE to help if required.

PorkInsider

6,584 posts

170 months

Tuesday 27th April 2021
quotequote all
anonymous said:
[redacted]
Yep. He wasn't drunk. He panicked and ran off.

I'm sure that's what will have happened.

(When he's explaining it to the police.)

IJWS15

2,206 posts

114 months

Tuesday 27th April 2021
quotequote all
If they get to him quickly enough they can count back . . . .

Psycho Warren

3,087 posts

142 months

Tuesday 27th April 2021
quotequote all
Carnage said:
It does; needs to be an indictable offence for a citizens arrest. Drink driving isn’t an indictable offence.

You’re unlikely to find anything other than gratitude from an attending copper if you do hang on to them.

One of my faves was a lad who robbed someone of their winnings outside a bookies... just as a South African rugby team went in. Restorative justice, swiftly delivered.
Exactly, you knew the name for it. As you say, unless you go stampy on his neck, chances are the coppers will thank you.