drunk xc90 driver

[Funky Diver]

Originally Posted by In Reverse

my understanding is that Police have no power of entry to demand breath test unless injury accident has occurred.

Incorrect, they can do you with intent... As well as having committed an offence.

Happened to me on my driveway 15 years ago, went out to the car to get a packet of fags out of the glove box during a house party (family, so it wasn't raucous)... Slam... 12 months no driving licence, not even on the public highway.

I despise drink driving, always have... Unfortunately though, there's nothing can be done this late after the event.

[volvorocks]

Originally Posted by In Reverse

my understanding is that Police have no power of entry to demand breath test unless injury accident has occurred.

They can if they feel they have a reasonable suspicion a crime has been committed.

Originally Posted by Funky Diver

Happened to me on my driveway 15 years ago, went out to the car to get a packet of fags out of the glove box during a house party (family, so it wasn't raucous)... Slam... 12 months no driving licence, not even on the public highway.

Honestly? Not sure they would have grounds to ban you for that. Did you not argue it out?

Regards

[GMad]

Originally Posted by Funky Diver

Happened to me on my driveway 15 years ago, went out to the car to get a packet of fags out of the glove box during a house party (family, so it wasn't raucous)... Slam... 12 months no driving licence, not even on the public highway.

You should have and what's more could have argued that, assuming you didn't intend to drive..

[deathrider311271]

Are you 100% sure he was drunk?????

The reason i ask this is because a few years ago i saw an accident and assumed the same thing, the bloke was staggering all over the place, sluring his words and generaly being a ****. Turned out he was diabetic and was having a fit, so dont be so quick to judge and condem this bloke.

Just a thought

[Diesel-do-nicely]

Thats a good point about the "diabetic "
But he was (in my 35 years of havin a pint) steaming, he was stinking of drink .
The security camera from the kings theatre was obscured by the articulated lorry trailer and unfortunatly i was the only witness to see him actually get out of the volvo.
The camera phone footage only shows him from the point of getting up the second time before he fell backwards and smashed his head.
Believe me his head made the same sound as my arm did when i broke it in half in a crash , bone smash.
So i think the lesson was learned via karma.

In my experience , people like that, will drive, banned or not, any car they get the keys for.

The vehicle number has been given to a friend in the police service.

[deathrider311271]

ah if you could smell the booze then i have no sympathy what so ever.

i myself have reported probably 20+ drivers for drink driving, i have even followed them whilst on the phone to police (hands free off course).

[Funky Diver]

Originally Posted by volvorocks

They can if they feel they have a reasonable suspicion a crime has been committed.



Honestly? Not sure they would have grounds to ban you for that. Did you not argue it out?

Regards

Yes, honestly... I lost a job over it as I couldn't drive (sales Rep a the time)

Originally Posted by GMad

You should have and what's more could have argued that, assuming you didn't intend to drive..

As if I'd just roll over and take it. The 12 was the reduction from 18 months and £500 fine... The judge gave me leniency, but end of the day... I had car keys in hand... Car was open. That was the CPS case.

They did me with "intent to drive whilst under the influence". Arrested, taken to the station and breathalised. 2 times over the limit... I coulda told them that... And infact remember saying that I thought I was more drunk than their machine thought I was.... Hey ho.

[moncman]

[QUOTE=In Reverse;1359781]'Perverting the course of justice' - nonsense. QUOTE]

I'm not so sure you're right there. Not reporting a crime is clearly not a crime in itself but the fact you recorded the event shows that you realised all was not well. Now that you have evidence that could help the police in their enquiries and you knowingly withheld it is probably a grey area I would certainly not want to enter into if it were to go to court e.g. after a subsequent fatality.

[Ninja59]

Originally Posted by In Reverse

'Perverting the course of justice' - nonsense. QUOTE]

I'm not so sure you're right there. Not reporting a crime is clearly not a crime in itself but the fact you recorded the event shows that you realised all was not well. Now that you have evidence that could help the police in their enquiries and you knowingly withheld it is probably a grey area I would certainly not want to enter into if it were to go to court e.g. after a subsequent fatality.

You have no obligation to report it under law (there are a few exceptions but this one no) morally maybe but that is up to a person, you cannot force someone unwillingly to do be a witness etc.

The fact you recorded it is only merely potential evidence - I say potential as you do not know the quality of it etc and could be completely circumstantial.

In regards to be drunk and driving merely having the keys is enough to show intent for driving...for example someone steaming coming out of public house and the last thing you want is them is starting the car you do not want to wait for the consequence in this regard prevention is better than cure.

Oh in regards to the law itself it actually has a few sections: -

driving (or in charge) when under the influence of drink or drugs (section 4);
driving (or in charge/attempting to drive) with excess alcohol (section 5);
failing to provide a specimen of breath for screening (section 6(4));
failing to provided a specimen for analysis (section 7(6)).

I know a number of people that have slept off with the keys in the car and have been charged and found guilty of drink driving. The factor is the location of the keys [and vehicle], get someone else to open it from a distance if you have drunk a fair bit or better still get someone sober to do it.

The other old got you one in regards to specimens is - failing to provide one on the suspicion that you are drunk or if you are sober well you won't mind Sir or Madam in providing one will you...

[Slackey]

So let me get this right.... You witnessed a man who you believe to be under the influence of alcohol drive a vehicle and collide with a wall causing damage. You then witnessed the same individual fall backwards impacting his skull not once but twice on the pavement, causing what you believe to be a fractured skull and at all this time you just videoed the events on your phone.

Wy did you not report the accident? Why did you not report him for suspicion of drink driving? And last but certainly not least, why didn't you call for medical attention? If he did in fact fracture his skull he may not have woken up to read this....think about it!