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Discussion Starter · #1 ·
The reason I have posted this is because of research I am doing into drink driving.

My local police say they have had a successful campaign in stopping drink drivers over Xmas. They breathalyzed a total of 914 drivers with 12 failing (6 failed between 9am and 11am the next morning).

The great news is the message must have got through as the numbers of drunk drivers has fallen amazingly, I do not accept any excuse for doing it.

However my research has found a worrying problem. A growing number of people are claiming the following.

They have been out in their vehicle without drinking and being fully legal. Later on after being in the pub or drinking at home they have been woken to a bang on the door. The Police are there and are there to investigate an incident of some kind. They automatically breathalyze in accordance to the road traffic act.

Although you may have been home hours they take the reading as to when you give the sample.

My concern is there are a growing number of people saying they have been convicted on this scenario, it could be as simple as jumping a red light, accusation of dangerous driving or something like that which requires very little evidence. A perfect way for an enemy of yours to pay you back. Even if they drop the initial claim you still have driving over the limit to get you banned.

What do you guys feel on this?
 
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Conversely, I knew a guy that years ago, was involved in an accident while under the influence, drove home and 60mins later the police called. He got off because he said he'd had a drink since he'd been home.

Ultimately though, discretion needs to be applied in such cases, so that people potentially innocent of drink-driving aren't prosecuted for such.
 

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Discussion Starter · #3 ·
Conversely, I knew a guy that years ago, was involved in an accident while under the influence, drove home and 60mins later the police called. He got off because he said he'd had a drink since he'd been home.

Ultimately though, discretion needs to be applied in such cases, so that people potentially innocent of drink-driving aren't prosecuted for such.
Is there any discretion nowadays which is my point. We live now with cameras and very little traffic police. Most traffic offences we will be caught for are recorded on camera and investigated later.
 
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But it still has to go to court. They don't take your licence on the spot and burn it. I very much doubt that the CPS would take that on. I could defend it, a decent solicitor would tear it to shreds.
 

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The reason I have posted this is because of research I am doing into drink driving.

My local police say they have had a successful campaign in stopping drink drivers over Xmas. They breathalyzed a total of 914 drivers with 12 failing (6 failed between 9am and 11am the next morning).

The great news is the message must have got through as the numbers of drunk drivers has fallen amazingly, I do not accept any excuse for doing it.

However my research has found a worrying problem. A growing number of people are claiming the following.

They have been out in their vehicle without drinking and being fully legal. Later on after being in the pub or drinking at home they have been woken to a bang on the door. The Police are there and are there to investigate an incident of some kind. They automatically breathalyze in accordance to the road traffic act.

Although you may have been home hours they take the reading as to when you give the sample.

My concern is there are a growing number of people saying they have been convicted on this scenario, it could be as simple as jumping a red light, accusation of dangerous driving or something like that which requires very little evidence. A perfect way for an enemy of yours to pay you back. Even if they drop the initial claim you still have driving over the limit to get you banned.

What do you guys feel on this?
This doesn't sound correct in both senses. My understanding was that to convict they had to ensure and prove beyond reasonable doubt that the event occurred while driving. I cannot believe that the scenario you have suggested would result in a conviction, particularly if it went to court, as plainly there would be a reasonable doubt argument.
 
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Problem is so many will bend over and take it without a brief. Scary stuff really.
I'd love to see an actual real example of this that isn't some scrote who has been banned for the fifteenth time claiming foul without any evidence to prove his story.
 

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Although you may have been home hours they take the reading as to when you give the sample.
That's nuts. All you have to say is you had a stiff whiskey when you got home.



True story:

My brother was woken at midnight once by an almighty crash outside his house. An unmarked police car, on a high speed pursuit, had managed to t-bone a poor innocent's car as he left the pub car park opposite. It hit him at such speed it pushed his car two hundred metres down the road. Amazingly no one was hurt.

The plain clothes coppers were quick to get the innocent party back into the pub and made him take a stiff drink for shock. They obviously knew the uniforms who would be attending the incident shortly would breathalyse everyone. Chances are the poor sod who got caught up in their high speed chase, coming out of a pub car park at midnight, was probably over the limit. Fair dues to them they knew they had ruined his day but understood they shouldn't ruin his license as well.
 

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Problem is so many will bend over and take it without a brief. Scary stuff really.
Speaking as a Criminal Lawyer I dont know many clients who would simply accept a drink driving charge if they genuinely hadn't been driving with excess alcohol but instead had got tanked up after getting home.:)
 
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