shullbit:
Technically ‘‘drunk in charge of a motor vehicle’’…just saying
2 cans of beer and he’s unlikely to be over the limit or not in control of his faculties or behaviour, so not “drunk” plus a tachograph legally not allowing him to drive for several hours.
Sure, some helmet of a copper could lift him but do you actually think that’s going to stand up in court?
The answer is no, it will not.
As i said…technically drunk in charge FACT!
FACT now?
Why didn’t you say?
Adding fact means it’s a cast iron truth.
Alternatively the real fact is drunk in charge requires a breath test failure and a likelihood of the vehicle being driven…
Still… what would I know with 25 years policing experience and being a Subject Matter Expert as regards the law in this matter and the kit used (an instructor to you [emoji6])
Sent from my SM-N960F using Tapatalk
25 years policng experience? everyone knows the police dont have much clue about actual laws.
Its the road traffic act1988 pal Section 5(1)(b)…its not realy that hard to understand, and here is some actual case law for you to study worcesternews.co.uk/news/18 … tation-m5/ He was drunk in charge.
Don’t have a clue?
That’ll be why I attended a course run by the largest breath testing supplier in the UK taught by the guy that developed the kit…
The law aspect was taught by a guy from the CPS that used to specialise in drink drug prosecutions including caselaw precedent and defences …
By all means tell me I know nothing…but I’m responsible for probably thousands of drink drive convictions due to the number of officers I taught.
Put simply… the lads on here can listen to me…or take your advice
The clown blew over 4 times the legal limit…of course he was done for drunk in charge [emoji1787]
The key word is drunk…in this case being over the proscribed legal limit
Sent from my SM-N960F using Tapatalk
Which is exactly what i have been saying, YOU CAN BE DONE FOR BEING DRUNK IN CHARGE OF A HGV parked up for the night. THE LAW. Are you also a tipper driver?
The clown blew over 4 times the legal limit…of course he was done for drunk in charge [emoji1787]
The key word is drunk…in this case being over the proscribed legal limit
Sent from my SM-N960F using Tapatalk
Which is exactly what i have been saying, YOU CAN BE DONE FOR BEING DRUNK IN CHARGE OF A HGV parked up for the night. THE LAW. Are you also a tipper driver?
Dear god…2 pints and a meal won’t see you done for drunk in charge.
A tipper driver? No lad.
And I’ve probably been driving longer than you’ve been walking
[/quote]
25 years policng experience? everyone knows the police dont have much clue about actual laws.
Its the road traffic act1988 pal Section 5(1)(b)…its not realy that hard to understand, and here is some actual case law for you to study worcesternews.co.uk/news/18 … tation-m5/ He was drunk in charge.
[/quote]
Don’t have a clue?
That’ll be why I attended a course run by the largest breath testing supplier in the UK run by the guy that developed the kit…
The law aspect was taught by a guy from the CPS that used to specialise in drink drug prosecutions including caselaw precedent and defences …
By all means tell me I know nothing…but I’m responsible for probably thousands of drink drive convictions due to the number of officers I taught.
Put simply… the lads on here can listen to me…or take your advice
Sent from my SM-N960F using Tapatalk
[/quote]
And every 5 years I have to do a CPC taught by some instructer who has been on some course, who in most cases actually knows nothing about the industry and is just winging it.
The law is the law, i rest my CASE.
I wouldnt sit near the truck, what with the CCTV and the “concerned members of the public” all going past. Enjoy a beer on the bunk with the curtains closed.
biggriffin:
I’ve gone upmarket, just enjoyed an ice-cold (-25) for 20mins, Peroni lager, Because that other fridge driver drinks that American beer urgh!!, and the bloke from Derbyshire drinks ale strained thro a sock… Am guessing that Rob bloke drinks weird beer like ■■■■■-dew, or angel sweat…
Incoming abuse alarm ON.
Heathen! I sometimes think that you’ve had you palette removed and replaced with a pallet!
alamcculloch:
I wouldnt sit near the truck, what with the CCTV and the “concerned members of the public” all going past. Enjoy a beer on the bunk with the curtains closed.
Exactly this , by all means enjoy a couple of beers after work but don’t flaunt it in front of god knows who , far to many will be out with phones in hand taking pics etc . Asking for trouble tbh .
shullbit:
As i said…technically drunk in charge FACT!
Road Traffic Act 1988.
“A person shall be deemed not to have been in charge of a [ mechanically propelled vehicle] if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs”.
I’d say that, for example, being parked outside a premises to which you were delivering the following morning, or having a tachograph which indicated that you were on a rest period rather than a break would be proof.
Ok,.I’ll play along and pretend this actually did happen, and it ain’t just a fishing excercise.
As somebody said,.whether it be legal,.acceptable, normal or wrong, why when we are already looked upon by the public as being low life, would the o/p flaunt it sat outside his truck, and risk being filmed or ‘reported’ by some self appointed warden type knob head, who thinks he’s doing some kind of public service, by ‘outing’ drunkard marauding juggernaut drivers’
What did the o/p say to me once?..oh yeh, it was…
‘‘Then we wonder why people say drivers are so dim’’
Reckon he’s right.
To the other fridge driver, I did think my pallet had changed, but it was just the taste of that American beer
Also I see the new RDC profession is not special forces, it’s
I was a police officer for 25 years, that will get the plobbers attention,a new tale to tell, I can’t wait…
Why would i lie about something as inane as a beer and a night out? 0
Well that’s…
It then. Conclusive proof.
A photo of two cans of Euro-fizz in your Postman Pat lunchbox (that you more than likely snapped after you read my post) proves without a shadow of a doubt that the conversation you allege took place, took place.
You did this last time when you claimed to be in a town that you weren’t actually in and also when you took photos of yourself from 15 feet away on the hard shoulder of the M62.
See, when you lie, you have to remember it. Out of all the minutiae that goes on in your life, you have to accurately remember what lies you’ve put out. Whereas we the audience, can spot the mistakes you make like a large multi-story car park sitting in the middle of a green field with daisies growing everywhere.
biggriffin:
To the other fridge driver, I did think my pallet had changed, but it was just the taste of that American beer
Also I see the new RDC profession is not special forces, it’s
I was a police officer for 25 years, that will get the plobbers attention,a new tale to tell, I can’t wait…
Yeh…sorry lad.
Why would we introduce knowledge, experience and facts into a debate?
shullbit:
Technically ‘‘drunk in charge of a motor vehicle’’…just saying
2 cans of beer and he’s unlikely to be over the limit or not in control of his faculties or behaviour, so not “drunk” plus a tachograph legally not allowing him to drive for several hours.
Sure, some helmet of a copper could lift him but do you actually think that’s going to stand up in court?
The answer is no, it will not.
As i said…technically drunk in charge FACT!
As a fact, being drunk in charge, only would stand up if he has 35.0001 mg of alcohol whilst being breath tested, then once going back to the nick on the Main Evidential breathalyser and taking the lower of the two, to get a conviction if he is over the limit, however, he has a reasonable excuse by law stating he won’t be driving, ie on daily rest, so proving beyond reasonable doubt he was intending to drive, if you have 25 years of policing experience, then you will know doing a roadside BT, and actually getting him back to the nick if he is over the prescribed drink drive limit then, it will more than likeLy, be reduced to an amount where he would pass on he EBM back at the station. Please explain under the RTA, how he is drunk in charge of said vehicle if he is under the prescribed legal limit.
shullbit:
Technically ‘‘drunk in charge of a motor vehicle’’…just saying
2 cans of beer and he’s unlikely to be over the limit or not in control of his faculties or behaviour, so not “drunk” plus a tachograph legally not allowing him to drive for several hours.
Sure, some helmet of a copper could lift him but do you actually think that’s going to stand up in court?
The answer is no, it will not.
As i said…technically drunk in charge FACT!
As a fact, being drunk in charge, only would stand up if he has 35.0001 mg of alcohol whilst being breath tested, then once going back to the nick on the Main Evidential breathalyser and taking the lower of the two, to get a conviction if he is over the limit, however, he has a reasonable excuse by law stating he won’t be driving, ie on daily rest, so proving beyond reasonable doubt he was intending to drive, if you have 25 years of policing experience, then you will know doing a roadside BT, and actually getting him back to the nick if he is over the prescribed drink drive limit then, it will more than likeLy, be reduced to an amount where he would pass on he EBM back at the station. Please explain under the RTA, how he is drunk in charge of said vehicle if he is under the prescribed legal limit.
He doesn’t need to explain, he wrote “fact” in capital letters at the end, that means he’s right and everyone else is wrong.
