Councillor banned after refusing to do breath test



Aituk7

Striker
Does anyone know if the punishments are different for failing to provide a breath test and failing a breath test?
 
Does anyone know if the punishments are different for failing to provide a breath test and failing a breath test?
The same as blowing positive i think. Used to be less but they redressed the balance to stop people just refusing knowing it wouldnt be as bad
 

t121anf

Full Back
Does anyone know if the punishments are different for failing to provide a breath test and failing a breath test?

Being in charge of a vehicle while above the legal limit or unfit through drink
You may get:

  • 3 months’ imprisonment
  • up to £2,500 fine
  • a possible driving ban
Driving or attempting to drive while above the legal limit or unfit through drink
You may get:

  • 6 months’ imprisonment
  • an unlimited fine
  • a driving ban for at least 1 year (3 years if convicted twice in 10 years)
Refusing to provide a specimen of breath, blood or urine for analysis
You may get:

  • 6 months’ imprisonment
  • an unlimited fine
  • a ban from driving for at least 1 year
Causing death by careless driving when under the influence of drink
You may get:

  • 14 years’ imprisonment
  • an unlimited fine
  • a ban from driving for at least 2 years
  • an extended driving test before your licence is returned
 

JonMc

Striker
Would the coppers not need a warrant?
Not if the crime itself is being drunk apparently. Happened to me when someone nicked my car and drove it into a field. Polis knocked at 2am demanding a breath test. I was told that refusal would mean the same as if I were in the car and I would go to court with the refusal on record..
 
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Entering his home to arrest him.

I don't know if coppers do need one.
Na i think they have powers to enter property without warrant.

Google says s.17 PACE gives them power of entry without warrant for the purposes of arresting someone under section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;
 
Not if the crime itself is being drunk apparently. Happened to me when someone nicked my car and drove it into a field. Polis knocked at 2am demanding a breath test. I was told that refusal would mean the same as if I were in the car and I would go to court with the refusal on record..
Every day is a school day.
 

zinedine

Striker
Not if the crime itself is being drunk apparently. Happened to me when someone nicked my car and drove it into a field. Polis knocked at 2am demanding a breath test. I was told that refusal would mean the same as if I were in the car and I would go to court with the refusal on record..
Didn't they need at least some proof you were driving before treating you like a criminal, instead of a victim?
 

marsey

Winger
Sounds like a canny bloke...

Conservative councillor Jeff Milburn expelled from party after accusation he used racist language towards colleague
Not if the crime itself is being drunk apparently. Happened to me when someone nicked my car and drove it into a field. Polis knocked at 2am demanding a breath test. I was told that refusal would mean the same as if I were in the car and I would go to court with the refusal on record..
What if you had failed the breath test?
 
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Didn't they need at least some proof you were driving before treating you like a criminal. Instead of a victim?
I suppose time is of the essence. It, sort of, makes sense. They still have to prove he was driving.
Then they have to prove he was driving.
 

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