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Are you sure that that's the only circumstance in which an officer may breathalyse? From my memory of Traffic Cops, they routinely breath test anyone stopped fo
by estel 13y ago
Are you sure that that's the only circumstance in which an officer may breathalyse? From my memory of Traffic Cops, they routinely breath test anyone stopped for most other reasons to determine if it's a contributing factor.
Without another incident, they'd require a suspicion of erratic driving before arbitrarily stopping someone for drink driving.
- pjc50 13y agoYeah, I got knocked off my bike by a car and mildly concussed; the addending police breathalysed both me and the driver. I suspect this happens routinely at minor accidents. I guess they're using "there was an accident" as evidence that there may have been erratic driving. (in the UK)
- fophillips 13y agoI imagine that knocking someone off their bike counts as "erratic driving".
- collyw 13y agoAs a cyclist (and driver), it is as likely to be the cyclists fault.
- inopinatus 13y agoNot so. A study by Westminster Council found fault with the cyclist in only 20% of collisions between bicycles and motor vehicles. http://www.thetimes.co.uk/tto/public/cyclesafety/article3758677.ece http://www.thetimes.co.uk/tto/public/cyclesafety/article3758...
- DanBC 13y agoWell, the link I supplied quotes the law. > Under the Road Traffic Act 1988, the police can require a person to take a screening breath test if they have a reasonable cause to suspect that: > ● the person is or has been driving or attempting to drive or is in charge of a motor vehicle on a road or other public place with alcohol in their body (section 6(2) and 6(3)); > ● has committed a moving traffic offence (section 6(4)); or > ● has been involved in an accident (section 6(5)). > The subsequent evidential test carried out at the police station can be submitted as evidence in court. > The prescribed alcohol limit is 35 micrograms of alcohol per 100ml of breath, which equates with 80 milligrams of alcohol in 100ml of blood. > It is an offence to refuse to take a breath test when required to do so by a police officer unless there is a reasonable excuse. Court penalties for refusing an evidential test are the same as being above the prescribed limit.
- estel 13y agoSure, my point was just that a low proportion of failed/refused tests doesn't necessarily imply that the officer originally believed the person to be intoxicated, and wrongly suspect them of criminality.