Instant Ban for Drink or Drugged Driving

Instant Ban for Drink or Drugged Driving

Author
Discussion

Puddenchucker

Original Poster:

4,129 posts

219 months

Thursday 22nd February
quotequote all
Police Chiefs are asking for ability to disqualify drunk or drugged drivers 'at the roadside".

https://news.sky.com/story/officers-should-be-allo...

I'm presuming 'at the roadside' would actually mean after an evidential test at a Police Station.

What's the thoughts of the PH community? Good, bad, open to abuse / wrongful disqualification?
Challenges and 'Compo claims' after 'Conviction' ?

(Now on a similar subject, for mobile phone use whilst driving, I'd like to see either the car or phone conviscated at at the roadside. If you can't be trusted to separate driving and phone use one of the options should be removed. Which do you want to keep the car or phone?)

vikingaero

10,462 posts

170 months

Thursday 22nd February
quotequote all
I have no problems with this

Officers should be allowed to issue a procedural interim driving ban at the roadside and after the evidential at the station say for 2 weeks or until the case is heard at Court.

I'd like to see higher penalties for refusing a test. You could be a few mg over the drink drive limit and refuse. Yet you could be 4 or 5 times the drink drive limit and refuse and the punishment would be similar because the Police don't know how skulled you are. There needs to be say a 5 year ban for refusal.

VSKeith

774 posts

48 months

Thursday 22nd February
quotequote all
vikingaero said:
I have no problems with this

Officers should be allowed to issue a procedural interim driving ban at the roadside and after the evidential at the station say for 2 weeks or until the case is heard at Court.

I'd like to see higher penalties for refusing a test. You could be a few mg over the drink drive limit and refuse. Yet you could be 4 or 5 times the drink drive limit and refuse and the punishment would be similar because the Police don't know how skulled you are. There needs to be say a 5 year ban for refusal.
AIUI failure to provide is treated as if a very high reading was given. Miscreant is marked as a high risk offender, has to jump through medical hoops to get their licence back, possible custodial if previous relevant offences etc

Forester1965

1,733 posts

4 months

Thursday 22nd February
quotequote all
There's no need for this. The impaired driver is already removed from the roadside at the time of the test and uncontested court hearings following a positive test often take place within a short timeframe.

Adding more actors into the mix isn't going to improve justice.

Muzzer79

10,126 posts

188 months

Thursday 22nd February
quotequote all
IMO, the only issue comes in those (rare) cases of mitigation.

For example, if your drinks were evidentially spiked or there is a genuine emergency requiring you to drive under influence.

You can’t prove that at the roadside, hence going to court.

Hugo Stiglitz

37,220 posts

212 months

Thursday 22nd February
quotequote all
It's not a short time later though. Typically you can be on your way within a few hours of arrest and get back behind a wheel until the court date.

There are people put there who just won't stop drink or drug driving until its fatal for others.

That's drink or drug driving at any time of the day I.e. morning, afternoon or the wee hours.

croyde

23,021 posts

231 months

Thursday 22nd February
quotequote all
The stink of weed coming from cars as I ride my motorbike to and from work in London shows that nothing is being done about it anyway.

s p a c e m a n

10,795 posts

149 months

Thursday 22nd February
quotequote all
Is the roadside test for drug driving just a swab test? What's the actual procedure when you get back to the station?

markjmd

553 posts

69 months

Thursday 22nd February
quotequote all
s p a c e m a n said:
Is the roadside test for drug driving just a swab test? What's the actual procedure when you get back to the station?
Pretty sure that will be a blood test, and obviously a far from instant result.

Turn7

23,686 posts

222 months

Thursday 22nd February
quotequote all
I would say for sure a temp ban until trial maybe ?

Main issue being if the driver is prepared to drive that drunk, he will more than likely be prepared to drive unlicensed as well, probably uninsured at the same time .

Hugo Stiglitz

37,220 posts

212 months

Thursday 22nd February
quotequote all
What us insurance renewals like for someone who has had a drunk/drugs ban? Anyone ran it through a comparison site before?

vikingaero

10,462 posts

170 months

Thursday 22nd February
quotequote all
VSKeith said:
vikingaero said:
I have no problems with this

Officers should be allowed to issue a procedural interim driving ban at the roadside and after the evidential at the station say for 2 weeks or until the case is heard at Court.

I'd like to see higher penalties for refusing a test. You could be a few mg over the drink drive limit and refuse. Yet you could be 4 or 5 times the drink drive limit and refuse and the punishment would be similar because the Police don't know how skulled you are. There needs to be say a 5 year ban for refusal.
AIUI failure to provide is treated as if a very high reading was given. Miscreant is marked as a high risk offender, has to jump through medical hoops to get their licence back, possible custodial if previous relevant offences etc
The typical penalty for failure to provide for 1st offence is 12 month ban and a fine of 75-125% of weekly income. So as I say, you could be completely bladdered and get away with a minimal ban and fine, which is why I think a harsher penalty is needed.

Vasco

16,483 posts

106 months

Thursday 22nd February
quotequote all
Turn7 said:
I would say for sure a temp ban until trial maybe ?

Main issue being if the driver is prepared to drive that drunk, he will more than likely be prepared to drive unlicensed as well, probably uninsured at the same time .
Agreed. Difficult to see why a temporary ban shouldn't be applied.

Funk

26,324 posts

210 months

Thursday 22nd February
quotequote all
No from me.

Much as I despise anyone drink- or drug-driving, this puts far too much power in the hands of the police to be judge, jury and executioner. It would be open to abuse, could have far-reaching ramifications and those who don't care or are habitual offenders will ignore it anyway.

The legal system is there to provide checks and balances and that process should be retained in my view.

IJWS15

1,857 posts

86 months

Thursday 22nd February
quotequote all
These people have a disregard for the law and the safety of others.

Can someone explain how an instant ban would actually stop them driving?

bigothunter

11,389 posts

61 months

Thursday 22nd February
quotequote all
Funk said:
No from me.

Much as I despise anyone drink- or drug-driving, this puts far too much power in the hands of the police to be judge, jury and executioner. It would be open to abuse, could have far-reaching ramifications and those who don't care or are habitual offenders will ignore it anyway.

The legal system is there to provide checks and balances and that process should be retained in my view.
Precisely yes

Granting powers to the police beyond their remit is a dangerous precedent. Significant step towards enabling a police state.



CheesecakeRunner

3,871 posts

92 months

Thursday 22nd February
quotequote all
croyde said:
The stink of weed coming from cars as I ride my motorbike to and from work in London shows that nothing is being done about it anyway.
Half of JLR Solihull could get disqualified driving to/from shift if they banned for weed. You’d think someone would be smarter than being in their uniform with the stink and cloud wafting from their cars but no. Does explain some of the build quality though.

Vasco

16,483 posts

106 months

Thursday 22nd February
quotequote all
IJWS15 said:
These people have a disregard for the law and the safety of others.

Can someone explain how an instant ban would actually stop them driving?
Nothing will physically stop them - but they will be immediately logged so that ANPR picks them up.

Time4another

107 posts

4 months

Thursday 22nd February
quotequote all
croyde said:
The stink of weed coming from cars as I ride my motorbike to and from work in London shows that nothing is being done about it anyway.
One of the first things I noticed when I started riding. It's rife.

No mercy for drink drivers but always found it odd that if your arrested while drunk you are kept in the cells for your own safety as your too drunk to make good judgements. They can't interview you cause your drunk. Yet if you decide to drink drive or refuse to give a sample, that decision is seen as your clear choice and isn't clouded by the fact your steaming.

Hugo Stiglitz

37,220 posts

212 months

Thursday 22nd February
quotequote all
Time4another said:
croyde said:
The stink of weed coming from cars as I ride my motorbike to and from work in London shows that nothing is being done about it anyway.
One of the first things I noticed when I started riding. It's rife.

No mercy for drink drivers but always found it odd that if your arrested while drunk you are kept in the cells for your own safety as your too drunk to make good judgements. They can't interview you cause your drunk. Yet if you decide to drink drive or refuse to give a sample, that decision is seen as your clear choice and isn't clouded by the fact your steaming.
Your tested and kicked straight out again. Unless there's a question mark over whether you were driving or not - then it's interview.