my granson was stopped larst night by one policeman and bretherlized, he was just over the limit, he was taken to p/station and locked in a cell over night .No blood test was taken and no urine test taken he was relest this morrning and he will be in court on friday, my question is was the propper proceder taken by this one police counstable. can any legale eagle comment on this problem please
2006-07-22 23:41:17 · 13 answers · asked by Ron W 2 in Politics & Government ➔ Law Enforcement & Police
So long as he give's two positive breath tests at the station they do not have to take blood or urine.
To be honest if he had killed someone and failed the breath test what would you say then?
Or if it was someone else who failed the breath test?
2006-07-26 08:11:00 · answer #1 · answered by Lord Robbie 2 · 1⤊ 0⤋
Ron, I think your g/son was quite a bit above the limit. Most answers have been quite good on the subject. At the roadside the lad obviously failed the roadside test. He was taken to the station and gave a breath specimen on a sophisticated analyzer, this has come back positive. If he was just over he would have been asked to give a blood test to get another result. He was kept in the cell because he probable kept giving positive tests, because had he been released he may have driven again. Put it down to experience, the lad should have known better.
2006-07-23 10:55:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
When you are stopped by a police constable, by law you must submit to either a breath, blood OR urine test to determine if you are over the legal limit. Either one will suffice and all three are generally pretty reliable methods of detecting blood alcohol levels. The laws state a blood alcohol level of 80mg/100ml is the maximum safe level for driving in the UK.
I'm afraid I see no more that the constable could have done that would have been necessary. He or she acted as she apparently saw fit. Mind, I am taking this from the little information I have on the matter.
I'm sorry to say that I cannot sympathise with your plight. The laws on drink driving are there to protect people, including your grandson, from ending up in a pine box 6 ft under. If it was my grandson, I would be thanking the police officer for pulling him over and sending him to court. It could have saved both his life and the lives of others, and will be a valuable lesson not to repeat it again.
2006-07-23 00:11:21 · answer #3 · answered by Disgruntled Biscuit 4 · 0⤊ 0⤋
how do you know he was "just over the limit"? At court on Friday his case will be thrown out if the breathalyzer at the police station was not used. Is my thought that indeed it was used or blood or urine taken otherwise no case to answer. If indeed the station test was done the next morning (which should not be the case) then the only thing you have to be upset about is that the police have helped your grandson as the alcohol levels in his breath by the morning (esp if he was only "just over the limit") will have depleated significantly.
Guess you will have to go to court on Friday to find out what really happened. Perhaps your grandson just doesnt remember it correctly...............?
2006-07-23 00:46:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think your grandson is not telling you the whole truth. A roadside test which proves positive would be sufficient to be taken into custody (in the UK). A further test would then be completed on an approved machine - the procedure is often tape recorded also. Depending on results, blood or urine tests CAN be offered.
I am sure your grandson will be convicted and banned!!!
Tell him NOT TO DRINK AND DRIVE.
2006-07-26 07:21:03 · answer #5 · answered by Sally J 4 · 0⤊ 0⤋
All the police need to do really is to make sure that you are aware of and understand whats going on, the implications eg of saying something etc and advise you of your rights. The police don't HAVE to take further samples. All they need is enough evidence that they feel will secure a conviction. Obviously the more serious the crime the more evidence that would be needed, but drink driving, breatholiser test should be enough. I'm a bit foggy on police procedure, i neglected it for my exams, but thats my understanding of it.
2006-07-23 10:59:52 · answer #6 · answered by Master Mevans 4 · 0⤊ 0⤋
relies upon on State regulation, and also you probably did not say the position you're. In my State (CA) a police motor vehicle is authorized to regulate a pink mild as a "Yield" signal even as responding to an emergency. lighting fixtures and sirens might want for use "on the officials discretion" even as doing so. If the cop's no longer responding to an emergency then he's meant to attend with something else persons...... yet who's going to value ticket a police automobile? Richard
2016-10-15 02:53:08 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I think that I just about managed to read your letter. You state that (your words) "he was just over the limit" and therefore he should not have been driving. Does no one take responsibility for their own actions? The story presumably is from your grandson as you were not there, therefore your testimony is not valid. The judge will decide if he is guilty or not
2006-07-22 23:49:20 · answer #8 · answered by Raymo 6 · 0⤊ 0⤋
your grandson should've requested a blood test if he was so close. it is not up to the police to double check. Go to the police station and find out when the machine used was last calibrated. there is a set procedure for calibrating equipment to ensure it is accurate. thats his only chance im afraid
2006-07-22 23:50:51 · answer #9 · answered by busted 2 · 0⤊ 0⤋
Depending where you live Rob..........
Usually roadside breathalysers need a base machine corroboration in the station and all UK arestees get the choice of a blood test.
2006-07-22 23:50:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋