Law of police pulling you over?

andi · 4 Dec 2012 at 12:04

You can't ask unless you have suspicion though, and if they say no, they get locked up under s6 RTA.

By what they say, I mean the first thing I ask is "have you had a drink tonight?". If they say yes, I have the power to request a specimen. By behaviour, I mean if their speech is slurred, or their eyes glazed, or they're unsteady on their feet etc, evasive to questions about drink, then I have my suspicion, and I have the power to request a test.

godinman · 4 Dec 2012 at 12:10

andi said:
You can't ask unless you have suspicion though, and if they say no, they get locked up under s6 RTA.

By what they say, I mean the first thing I ask is "have you had a drink tonight?". If they say yes, I have the power to request a specimen. By behaviour, I mean if their speech is slurred, or their eyes glazed, or they're unsteady on their feet etc, then I have my suspicion, and I have the power to request a test.

Can't you just ask because it's late/early morning? My gf got breathalysed and the reason given was that it was late on a saturday night..(she scored 0).

One · 4 Dec 2012 at 12:12

I got pretty used to being pulled over when I was 17 [young lads in car that belongs to old women (used my mums car in evenings)]. I think in the space of a month I'd seen every squad car, they stopped pulling me over after a while because they knew who I was and that I hadn't nicked the car lol.

Normally a stop takes less than a few minutes. They check your name against the insurance of the car, breathalyse you (although not always) and then let you go on your way.

Its good imo because you know they must get hits by doing it this way, they must eventually pull someone over who is either ****ed or isn't paying their tax or insurance etc.

andi · 4 Dec 2012 at 12:20

godinman said:
Can't you just ask because it's late/early morning? My gf got breathalysed and the reason given was that it was late on a saturday night..(she scored 0).

On it's own, no, that shouldn't be enough. Coupled with other things, there may be enough to provide a suspicion though.

godinman · 4 Dec 2012 at 12:21

andi said:
On it's own, no, that shouldn't be enough. Coupled with other things, there may be enough to provide a suspicion though.

I suppose the 4 drunk blokes rammed in the car may have had something to do with it.

hurfdurf · 4 Dec 2012 at 12:25

godinman said:
Burnsy, childish question to Mr Policeman time. Say I was drink driving and got pulled over by the police, jumped out of the car, threw the keys away and downed half a bottle of whiskey, would they have to let me off as they couldn't prove I'd been drinking while driving?

For the record, I don't drink and drive and think anyone who does is a bit of a scumbag.

I have heard of this working for drink drivers involved in a RTA to drive home without stopping and then claim they had a drink to calm their nerves before the Police get to them.

godinman · 4 Dec 2012 at 13:14

hurfdurf said:
I have heard of this working for drink drivers involved in a RTA to drive home without stopping and then claim they had a drink to calm their nerves before the Police get to them.

Yeah I've seen that on road wars or whatever, I suppose it's pretty much impossible to disprove. My idea is a bit more flagrant, but it still sounds feasible to me. Saying that, I know nothing about the laws involved..

jigger · 4 Dec 2012 at 16:26

Werewolf said:
Doesn't it come partly from the fact the DVLA own the registration plates? (and can iirc revoke them if misused).

I love freemen of the land, but then I don't have to ever deal with them, just laugh at them (and feel a lot of sympathy for the Police and courts that have to deal with them)..

Burnsy2023 said:
Indeed you use the plates under licence.

So it's the registered plate that gives the DVLA the powers to take possession of the car?

Burnsy2023 · 4 Dec 2012 at 16:33

jigger said:
So it's the registered plate that gives the DVLA the powers to take possession of the car?

No, registering a car does not give powers of ownership or possession to the DVLA.

jigger · 4 Dec 2012 at 16:40

So if the car is wrongfully impounded then that would be theft?

Burnsy2023 · 4 Dec 2012 at 16:42

jigger said:
So if the car is wrongfully impounded then that would be theft?

No. Not in England or Wales anyway.

Meridian · 4 Dec 2012 at 20:07

andi said:
The whiskey bottle would be siezed, and it is possible theoretically I believe to work out how much you had in your system before you started downing the bottle of whiskey.

Yes: so-called "Authorised Analysts" (they need Home Office certification) can and do carry out back-calculations based on known consumption, timings, and breath/blood alcohol results. The scenario above is just an extreme version of the so-called "hip flask defence" - the commonest attempted get-out. It pretty much always fails.

s0ck · 4 Dec 2012 at 21:58

Can't believe that guy gave his merc away...