The local Police have been conducting random breath tests on people driving to work in the early morning. Whilst I do not condone drink driving I cannot find any evidence to suggest that the Police have a legal right to request a breath test under these circumstances. In my view the only occasions that a breath test can be requested on a road or public place is under Section 8 of The Road Traffic Act 1972. In this Act it specifies three occasions when a test can be requested: a) when the driver is suspected of having alcohol in his body; b) when the driver is suspected of having committed a moving traffic offence; or c) if an accident occurs and that person is suspected of being the driver at the time. Since neither b nor c applies in random tests then this only leaves a) suspected of having alcohol in the drivers body. How can a Police Officer when seeing a vehicle being driven towards him in a perfectly respectful manner at 8.30am in the morning suspect the driver of having alcohol in his body? I accept that once the vehicle has stopped and the Officer smells alcohol or has some other reason for forming the opinion that the driver is unfit to drive through drink or drugs that the Officer then has power of arrest under Section 5 of The Road Traffic Act 1972. There is however no provision under this section to request a specimen of breath for a breath test at the roadside. I would be pleased to receive your observations and comments on the above.