tachograph:
waynedl:
mrpj:
waynedl:
Should’ve refused the breathaliser, no reason to do 1, not in a car, not involved in an accident etc,
In charge of a motor vehicle would be enough, no need to actually be behind the wheel.
He wasn’t though, if he was out of the vehicle helping others, I’d have kicked up a stink and headed on my way on foot, that car was there when I got here 
Some right jobsworths around, so in future, if someone’s in trouble, just leave them or you’ll join them.
I thought the police still needed a reason to breathalyse you, has that changed ? 
Nope,
Section 4 RTA 1988 - is unfit through drink or drugs. Now if an officer smelt booze on your breath and you refused to take a road side breath test then you will be nicked for section 4 whilst unfit through drink or drugs and taken down to the local nick.
Section 5 RTA 1988 - You have to be stopped for a reason to be able to ask for a breath test. failing to provide can either see you with a night down in the cells, or being reported for failing to provide ( even if there is no sign of booze on your breath ) again it’s down to the courts to decide on the out come
Why would a police officer nick and process somebody who had no intention of driving, knowing that the case would be thrown out by the courts on the grounds that he had no intention of driving?
Harry Monk:
Why would a police officer nick and process somebody who had no intention of driving, knowing that the case would be thrown out by the courts on the grounds that he had no intention of driving?
It will be based all on the interview of the suspect at the police station. I do ask myself the question to but it’s LAW and that’s how it needs to be done
Ask yourself this, why would you drink whilst being in charge of a lorry whilst on a road, or other public place?
mickyblue:
Ask yourself this, why would you drink whilst being in charge of a lorry whilst on a road, or other public place?
Well, an accountant or a shop worker etc might spend the evening at home watching TV and having a couple of beers. A truck driver might choose to do the same. There would appear to be no road safety implications with the truck driver exceeding the legal limits for driving if he does not intend to drive for another eight or so, after which time his blood/alcohol level will be zero.
mickyblue:
Harry Monk:
Why would a police officer nick and process somebody who had no intention of driving, knowing that the case would be thrown out by the courts on the grounds that he had no intention of driving?
It will be based all on the interview of the suspect at the police station. I do ask myself the question to but it’s LAW and that’s how it needs to be done
Ask yourself this, why would you drink whilst being in charge of a lorry whilst on a road, or other public place?
i’ve never known a drink drive suspect be interviewed like they do with most other crimes.
it’s, you’re over the limit, chucked in a cell, charged, then released on bail, then the driver attends court.
i don’t think anyone would drink whilst in charge of a lorry whilst on the road. but a driver in a “public place” is something quite different. everywhere in the UK seems to have become a public place with regard to drink driving/drunk in charge nowadays.
i’ve been parked up in madrid for four days, somewhere in italy for three days, parked on the docks in dieppe for 24 hours. and each time i’ve had a drink. i was even drinking with the customs, and gendarmes in dieppe. but i had no intention of driving.
the police in the UK have become brainwashed, they can’t, won’t, or don’t have enough intellect to use professional discretion.
limeyphil:
mickyblue:
Harry Monk:
Why would a police officer nick and process somebody who had no intention of driving, knowing that the case would be thrown out by the courts on the grounds that he had no intention of driving?
It will be based all on the interview of the suspect at the police station. I do ask myself the question to but it’s LAW and that’s how it needs to be done
Ask yourself this, why would you drink whilst being in charge of a lorry whilst on a road, or other public place?
i’ve never known a drink drive suspect be interviewed like they do with most other crimes.
it’s, you’re over the limit, chucked in a cell, charged, then released on bail, then the driver attends court.
i don’t think anyone would drink whilst in charge of a lorry whilst on the road. but a driver in a “public place” is something quite different. everywhere in the UK seems to have become a public place with regard to drink driving/drunk in charge nowadays.
i’ve been parked up in madrid for four days, somewhere in italy for three days, parked on the docks in dieppe for 24 hours. and each time i’ve had a drink. i was even drinking with the customs, and gendarmes in dieppe. but i had no intention of driving.
the police in the UK have become brainwashed, they can’t, won’t, or don’t have enough intellect to use professional discretion.
see, it depends on what you see at the time
Harry Monk:
mickyblue:
Ask yourself this, why would you drink whilst being in charge of a lorry whilst on a road, or other public place?
Well, an accountant or a shop worker etc might spend the evening at home watching TV and having a couple of beers. A truck driver might choose to do the same. There would appear to be no road safety implications with the truck driver exceeding the legal limits for driving if he does not intend to drive for another eight or so, after which time his blood/alcohol level will be zero.
My advice is don’t drink at all if your on the road. What happens if you have had 4-8 pints and you was asked to move the truck out of the lay-by due to an emergency. Would you sit there and go “sorry mate, I’ve had 5 pints and i think i am over the limit” - That’s what i am trying to get at.
I haven’t said anything about people drinking at home, but if your out on the road and parked up why would you want to drink when your driving the next day?
there is a major difference though phil with having a few on a ferry knowing your on it say from italy to greece and have around 18hours to recover to drivers drinking in truckstops knowing they are up at 4-5-6-7am.
i have been weekended in italy and sat at the beach sunbathing and having a few cold ones but i never once got hammered or drove the next day at the end of the day it was my only way of earning money so why risk it 
i still say it should be drink or drive though as the way the law is at present leaves far too much open to interpretation
war1974:
there is a major difference though Phil with having a few on a ferry knowing your on it say from Italy to Greece and have around 18hours to recover to drivers drinking in truck stops knowing they are up at 4-5-6-7am.
i have been weekended in Italy and sat at the beach sunbathing and having a few cold ones but i never once got hammered or drove the next day at the end of the day it was my only way of earning money so why risk it
i still say it should be drink or drive though as the way the law is at present leaves far too much open to interpretation
exactly my point i am trying to make
Harry Monk:
Why would a police officer nick and process somebody who had no intention of driving, knowing that the case would be thrown out by the courts on the grounds that he had no intention of driving?
This happened to me 10 years ago, I went out got well and truly wasted I arranged to sleep around my mates, but later he found a girl and left me.
So me being me 17 young and skint 20miles from home, I went to my car sat in drivers seat locked door and put the radio on.
15 mins later police came to my door I opened it and they breatherlised me turned out I was 98, anyway they took my keys then took me to station. Cutting a long story short I got interviewed that same night (which was wrong) I went to court, I pleaded not guilty it got adjourned 3 times due to certain evidence they were trying to get.
At end of it all they had a statement from a boy saying I was driving not just in charge, his statement came to court well after the deadline date so it wasn’t aloud to be read to the Judge, they tried ad tried to brig it before the judge but my lawer never let them. Case got thrown out of court, that boy never did like me and caused months of hassle and wasted time. Moral is I was stupid should of slept i back ditch keys somewhere etc was 10 years ago and was stupid
mickyblue:
I haven’t said anything about people drinking at home, but if your out on the road and parked up why would you want to drink when your driving the next day?
Because the truck is our home. If I have a couple of pints of beer with a meal then go back to the truck at 10 p.m. then I would be slightly over the legal limit for driving at that time. But I wouldn’t even register a reading on a breathalyser at 6 o clock in the morning when I started work.
And as to having to move the vehicle in an emergency, well, I’ve never yet had to do that in over 25 years but if I was directed to move by a police officer then I would tell him that I had been drinking and if he still insisted that I move then I would not be breaking the law no matter how drunk I was because I would be acting on the instructions of a police officer.
Harry Monk:
[
And as to having to move the vehicle in an emergency, well, I’ve never yet had to do that in over 25 years but if I was directed to move by a police officer then I would tell him that I had been drinking and if he still insisted that I move then I would not be breaking the law no matter how drunk I was because I would be acting on the instructions of a police officer.
That’s pants
If you stated that you have been drinking they would remove the vehicle themselves. Remember my topic?
If any officer said to a person who is drunk and over the limit to move a 44t truck down the road is asking for trouble, sorry that would not happen
keebs26uk:
Harry Monk:
Why would a police officer nick and process somebody who had no intention of driving, knowing that the case would be thrown out by the courts on the grounds that he had no intention of driving?
This happened to me 10 years ago, I went out got well and truly wasted I arranged to sleep around my mates, but later he found a girl and left me.
So me being me 17 young and skint 20miles from home, I went to my car sat in drivers seat locked door and put the radio on.
15 mins later police came to my door I opened it and they breatherlised me turned out I was 98, anyway they took my keys then took me to station. Cutting a long story short I got interviewed that same night (which was wrong) I went to court, I pleaded not guilty it got adjourned 3 times due to certain evidence they were trying to get.
At end of it all they had a statement from a boy saying I was driving not just in charge, his statement came to court well after the deadline date so it wasn’t aloud to be read to the Judge, they tried ad tried to brig it before the judge but my lawer never let them. Case got thrown out of court, that boy never did like me and caused months of hassle and wasted time. Moral is I was stupid should of slept i back ditch keys somewhere etc was 10 years ago and was stupid
so, you was 17 young and skint.
you got really ■■■■■■■ then when the police breathalise you, you’re 98?
how [zb]ing ■■■■■■ was you. i know excessive drinking and smoking can age you, but by [zb] that’s some drinking you did. 
mickyblue:
That’s pants
If you stated that you have been drinking they would remove the vehicle themselves. Remember my topic?
Fine, they could move it themselves.
mickyblue:
If any officer said to a person who is drunk and over the limit to move a 44t truck down the road is asking for trouble, sorry that would not happen
I suppose it would depend on what the hypothetical emergency in your scenario was.
You’ll probably be aware of the fact that there are forums for police officers, similar to TruckNet, and this does sometimes get discussed. The advice of wiser and more experienced officers is that in the situation, you use common sense when assessing any situation such as the one you describe.
If they are in the motorhome and even in the driver’s seat, in a layby but happening to be watching the telly etc, you apply that magical skill of discretion.
policespecials.com/forum/ind … y-driving/
mickyblue:
Now subsection 2 is for the courts to decide so it still means that you will be nicked and processed as normal, so is it worth it?
You will surely only be nicked and processed as normal if you get a copper who is having a very bad shift as surely in almost all cases common sense will prevail and if you’re only slightly over the limit 3 or 4 hours into an 11h daily rest no action would be taken.
Paul
repton:
mickyblue:
Now subsection 2 is for the courts to decide so it still means that you will be nicked and processed as normal, so is it worth it?
You will surely only be nicked and processed as normal if you get a copper who is having a very bad shift as surely in almost all cases common sense will prevail and if you’re only slightly over the limit 3 or 4 hours into an 11h daily rest no action would be taken.
Paul
Yep, and that person failed the attitude test, but now days common sense is used but i am just clearly stating what will happen, but discretion can play a part.
mickyblue wrote:If any officer said to a person who is drunk and over the limit to move a 44t truck down the road is asking for trouble, sorry that would not happen
I suppose it would depend on what the hypothetical emergency in your scenario was.
You’ll probably be aware of the fact that there are forums for police officers, similar to TruckNet, and this does sometimes get discussed. The advice of wiser and more experienced officers is that in the situation, you use common sense when assessing any situation such as the one you describe.
I am fully aware of the other forums, as you kindly pointed out in the past, and asked me to “troll” on the police forums. Just like to point out also, i am also a member on that site to
EDIT: Not a member of that forum as it is for specials
mickyblue:
I am fully aware of the other forums, as you kindly pointed out in the past, and asked me to “troll” on the police forums.
That’s strange because a quick search indicates that I have used the word “troll” four times and none of those times was in conversation with you. Perhaps you could point me to the thread?
The problem with the drink drive law today is the same as what’s wrong with so many things today, someone once thought it a good idea to stop people driving whilst drunk and of course it was a good idea, but like so many other things is society the extremists and holier than thou brigade took the idea and ran with it 
Why should it be illegal to be over the limit in a vehicle if you’re not driving haven’t been driving and have no intention of driving?
Harry Monk:
mickyblue:
I am fully aware of the other forums, as you kindly pointed out in the past, and asked me to “troll” on the police forums.
That’s strange because a quick search indicates that I have used the word “troll” four times and none of those times was in conversation with you. Perhaps you could point me to the thread?
by Harry Monk » Fri Nov 18, 2011 10:58 pm
mickyblue wrote:
Man i give up
Look, here’s a forum for police officers…
ukpoliceonline.co.uk/
We don’t hang around there, trolling you, so kindly do us the same favour. If you do insist on staying here, then listen to what you are told. Go out and catch the real criminals.
A peeping tom was arrested last night watching my wife getting undressed through the bedroom curtains. Police were alerted when they heard him screaming.
seem to indicate that i am trolling this forum
