Hey just wondering if anyone can comment on this, last night my step dad got pulled over driving home and was breathalysed and the only reason they told him was the time of year. He was told if he didn't do it he would be arrested? I thought that they had to have a proper reason to pull you over? Thanks.
Law of police pulling you over?
- Thread starter Danny091
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Nope. They can pull you over without reason.
They had a proper reason, they wanted to check some drivers for the possibility that they had drunk too much then drove home.
If you refuse a roadside breath test it will be assumed that there is a very good reason for this - you would then be taken to the station, if you then refused the proper test I believe you are automatically prosecuted.
....i.e it's always best just to do the test
If you refuse a roadside breath test it will be assumed that there is a very good reason for this - you would then be taken to the station, if you then refused the proper test I believe you are automatically prosecuted.
....i.e it's always best just to do the test
....i.e it's always best just to do the test
Unless you've had soooooooooo much to drink the result of failing to provide won't be as bad as actually providing
Unless you've had soooooooooo much to drink the result of failing to provide won't be as bad as actually providing
Which is rubbish, failing to provide should be a harsher punishment
Breath tests around Christmas is a good reason to stop people.
I'm all for them, and dont know why they don't do it more often (well, I do, it uses a lot of resources, but anyway). It would hopefully create more of a deterrence against people drink driving if they think they could be pulled over at any time.
I'm all for them, and dont know why they don't do it more often (well, I do, it uses a lot of resources, but anyway). It would hopefully create more of a deterrence against people drink driving if they think they could be pulled over at any time.
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I got pulled over a couple of weeks ago at 4am for "driving down the middle of the road". I was in the right hand lane, in my LHD car and I align to the line usually.
When the cop walked round to the wrong side of the car, and I had to wave her round to the other side, I knew what was happening. She let me go when she figured it out I suppose. I was also adhering to the speed limit which probably set off alarm bells....or something.
When the cop walked round to the wrong side of the car, and I had to wave her round to the other side, I knew what was happening. She let me go when she figured it out I suppose. I was also adhering to the speed limit which probably set off alarm bells....or something.
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Unless you've had soooooooooo much to drink the result of failing to provide won't be as bad as actually providing
I've always wondered what happens if you point blank refuse to provide. Are you saying if you're hammered and know you're well over the limit your better off not providing a sample?
The theoretical maximum penalties are identical I think but there is a school of thought that says you're not as likely to get the maximum penalty for failing to provide as you would be if you were ridiculously over the limit and gave a sample.
Not something I have any intention of proving or disproving
S.163 Road Traffic act lets police stop you
S.164 RTA gives the power to require production of your driving license
S.165 RTA gives the power to obtain names and addresses of drivers & others in the vehicle.
So yes, they can stop you for anything, and drink/drive is always going to be a big focus around Xmas
S.164 RTA gives the power to require production of your driving license
S.165 RTA gives the power to obtain names and addresses of drivers & others in the vehicle.
So yes, they can stop you for anything, and drink/drive is always going to be a big focus around Xmas
I don't believe they need to breathalyse you to be able to prosecute for drunk driving.
S.163 Road Traffic act lets police stop you
S.164 RTA gives the power to require production of your driving license
S.165 RTA gives the power to obtain names and addresses of drivers & others in the vehicle.
So yes, they can stop you for anything, and drink/drive is always going to be a big focus around Xmas
I seem to remember you don't have to give any details unless your suspected of a crime or have broken a law, or want just to be a arse.
At they roadside, if they ask you for a breath sample and you refuse you get arrested for "Failing to Provide." Refuse to blow at a police station without good reason (ill health etc) and also refuse blood/urine option, then you get charged with "Failing to Provide" rather than "drink driving" which is a different offence and different endorsement on your driving licence.
I'm not sure about prosecute, but they certainly don't need to in order to arrest you for it. If you're clearly completely hammered, they won't waste time with the breathalyser.
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Can't see the vid, is he doing that Freeman on the land rubbish?
Probably one of those "common law" things. These people annoy me as they just waste police time that could be used dealing with something more important and if they just shutup and got on with it in 9/10 cases they'd be on there way in a couple of minutes without any hassle from the police unless they are actually breaking the law.
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