Newspaper Report
"A COLLEGE principal who was made an MBE for her services to the police was yesterday found guilty of refusing to give a roadside breath test.
She had enjoyed "a large glass of wine" during a business meeting at a Stirling hotel before her Volkswagen Golf was pulled over on the evening of 6 March.
She was fined £200 and had four penalty points added to her driving licence."
Why no Ban?
The question that many would ask is why not banned? According to reports the sample at the Police Station was 31 (limit 35) - Did the 31 include back tracking the reading as obviously it takes time to go from the roadside to Police HQ & be tested?
Cynic might say:
If it is easy to get round not providing a roadside breath test then she could start courses @ her colleges and charge megabucks.
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When the breathalyser first arrived police were instructed not to use it until 20 minutes after the client's last drink. Alcohol presumably must leave the mouth and enter the bloodstream before a reading means anything. So perhaps this lady was just helping the officers in their work, having just chucked down her drink and driven out of the car park when pulled.
She was fined for refusing the breath test, but she wasn't over the limit. Would have been cheaper not to refuse. They would have had to test her again anyway as the breath test isn't evidence.
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>>>>>>Why no Ban? <<<<<<
Schedule 2 Road Traffic Offenders Act 1988 itemises the punishments that can be applied for Road Traffic offences.
For refusing to supply a specimen of breath for a breath test in elation to nay disqulaification it is not obligatory merely discretionary.
Mags using their discretion?
dvd
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Newspaper Report "A COLLEGE principal who was made an MBE for her services to the police was yesterday found guilty of refusing to give a roadside breath test.
MBE - Services to the police.....
Theres your answer.....
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Don't you think the answer is she was guilty of not providing a breath test for which she was duly fined and not guilty of driving under the influence because she wasn't.The tests would be on record I do not think anybody would risk their career or pension trying to pevert the course of justice.
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>Andy
" I do not think anybody would risk their career or pension trying to pevert the course of justice. "
You obviously are not old enough to recall Johnathen Aitken or Geoffrey Archer who both did exactly that.
madf
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You obviously are not old enough to recall Johnathen Aitken or Geoffrey Archer who both did exactly that. madf
i think that any was referring to the police, not the teacher.
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IIRC a police officer can request a breath test but if you refuse and the officer can not be 100% certain you are over the limit they will report you for failing. Say maybe after an accident where it is policy to breath test and you are stone colde sober but refuse then you will be reported.
If you stagger out of your car, slurred speach etc you can be arrested without a breath test. I think the breath test machine is more of a screening device.
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So runboy I stop you.
You are stone cold sober, never touched a drop all week or sucked a wine gum.
But because you committed a moving traffic offence I require you to give me a breath test.
If you refuse.........offence, but
unless I have reason to believe you have alcohol aboard that body of yours, I cannot arrest you..........must let you go.
Other option mentioned - unfit to drive by reason of drink drugs, and I have evidence of you swerving all over road, unable to stand and reek of booze, then straight forward arrest, no breath test, and can revert to BT procedure at Station.
Tests at station show you four times over the limit but because of a tiny procedural error you get off..............crazy old world we live in.
dvd
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MBE - Services to the police.....
She is /was on the Board of Mgt of a Police College
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Roadside BT is just a 'screen' isn't it. The one that counts is the one at the station I thought?. Looks to me that she was not over the limit and properly punished for refusing the roadside test. Job done.
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i would never drink and drive but for arguments sake if you knew you had just had 12 pints of beer ( all afternooner) then you would be stupid to agree to being breathylised , 5 times over the limit and your looking at a jail sentence, but a refusal and all you would get is a 12 month ban and a nominal fine
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>>but a refusal and all you would get is a 12 month ban anda nominal fine
Incorrect. That doesn't work anymore and from the experience of a close colleague and info from the force I believe that the minimum you will now recieve for refusal is 18 months, I await correction........if you know what I mean
MD
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18 months ban is better than doing time though!
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A colleague's brother was out for a few jars about a year ago when noticed a group of young asian lads wobble out of the pub and start to fumble over getting into their car. He went out and argued with them about driving, even to the point of standing in front of the car and refusing to move. A couple of police officers on watch in the centre came over to ask what the fuss was about, he told them, and they requested that the driver take a breathalyser test. He (and then all of his passengers) told the officer that it was against their religion and caused quite a fuss. They decided to just let them go even though it was clear that they were incapable of driving safely.
My colleague's brother remonstrated with them (quite loudly) and was arrested for his troubles and let off the next day with a warning.
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