Police brutality on film...
16 September 2010, 07:45 AM
#61
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16 September 2010, 07:48 AM
#62
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16 September 2010, 07:52 AM
#63
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If you are alone in a car with the car keys, and you are drunk. Even if the engine is cold and the car is parked you can be done.
Sad, but true!
Sad, but true!
16 September 2010, 07:54 AM
#64
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Hey - I don't think anyone is arguing that she may have committed an offence. Still no reason to have a face made of mashed potato.
I am sure custardy sergeants are trained in people management given the abuse they must get daily. But that is their job. As SW said - PACE was breached pretty severly.
I also believe that the police are trained in restraint and there a a number of very simple holds that will incapacitate someone, and there is no evidence that she was a complete nutter like those two Swedes on the motorway!
I am sure custardy sergeants are trained in people management given the abuse they must get daily. But that is their job. As SW said - PACE was breached pretty severly.
I also believe that the police are trained in restraint and there a a number of very simple holds that will incapacitate someone, and there is no evidence that she was a complete nutter like those two Swedes on the motorway!
16 September 2010, 08:09 AM
#65
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I have a buddy who was drunk in a car in America but 'cos he took the keys out of the ignition the cops left him alone.
16 September 2010, 08:31 AM
#66
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yeh but ill bet he had a sawn off on the passengers seat as well , just in case he encountered any game 
Last edited by dpb; 16 September 2010 at 08:39 AM.
16 September 2010, 08:43 AM
#68
There is a statutory defence that the person in charge of the motor vehicle had no intention of driving while they remained over the prescribed limit. They must prove that on the balance of probabilities. The prosecution must then prove beyond all reasonable doubt that that was not the case .
16 September 2010, 08:52 AM
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It is an offence for a person who has been required to provide specimens for analysis to fail without reasonable excuse to do so.
A good lawyer will therefore need to show a reasonable excuse.
This is what she'd have been facing if not driving -
Maximum Penalty: 3 months prison sentence.
Maximum Fine: £2,500
Minimum Penalty: 10 Penalty Points.
Punishment Guidelines: Discretionary driving ban of between 12 and 36 months.
Good for him. However, it is irrelevant as we are discussing UK law.
16 September 2010, 09:12 AM
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He was victimizing her a Lawyer could argue.
16 September 2010, 09:14 AM
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There is a statutory defence that the person in charge of the motor vehicle had no intention of driving while they remained over the prescribed limit. They must prove that on the balance of probabilities. The prosecution must then prove beyond all reasonable doubt that that was not the case .
16 September 2010, 09:22 AM
#72
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Her refusal was at road side, where the custody sergeant would not have been.
Using your reasoning, if I arrested you on suspicion of murder after seeing you commit the crime, once I had detained you and conveyed you to custody, a custody sergeant or detention officer attacks you, should you be allowed to get away with the murder?
16 September 2010, 11:44 AM
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16 September 2010, 12:09 PM
#74
In a simplistic way, yes. Strangely enough that defence has been used with mixed results.
The legislation of unfit in charge and over prescribed limit in charge allows for the prosecution of offences relating to mechanically propelled vehicles as oposed to motor vehicles. eg dumper truck- not made for use on roads.
The legislation of unfit in charge and over prescribed limit in charge allows for the prosecution of offences relating to mechanically propelled vehicles as oposed to motor vehicles. eg dumper truck- not made for use on roads.
16 September 2010, 03:37 PM
#75
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He was asleep with the keys in the glove box, the car had not being driven for 4 days, so how can the bunch of **** we call the police force do him for drink driving? Surely the clue is in the name drink DRIVING>
He didnt give them a specimen of breath though so was done for faling to provide, same length of ban but no DD on the old license, but how can he be done for DD when he was asleep on his own driveway?
Typical pigs, lets **** people over whenever we can
16 September 2010, 04:34 PM
#76
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Probably not the same length of ban. You will receive less of a ban when failing to provide as they don't know how drunk you were, you generally get the minimum 12 months.
16 September 2010, 06:58 PM
#77
Isn't that charge a DR 40 ........drunk in charge ? and not DR 10 which is driving with excess alcohol
http://www.lawontheweb.co.uk/crimedrinkdriving.htm
Shaun
http://www.lawontheweb.co.uk/crimedrinkdriving.htm
Shaun
16 September 2010, 07:01 PM
#78
That happened to my mate, he had an argument with the missus the went to sleep in his car, on his own driveway, and coppers woke him up 3 hours later and nicked him for drink driving.
He was asleep with the keys in the glove box, the car had not being driven for 4 days, so how can the bunch of **** we call the police force do him for drink driving? Surely the clue is in the name drink DRIVING>
He didnt give them a specimen of breath though so was done for faling to provide, same length of ban but no DD on the old license, but how can he be done for DD when he was asleep on his own driveway?
Typical pigs, lets **** people over whenever we can
He was asleep with the keys in the glove box, the car had not being driven for 4 days, so how can the bunch of **** we call the police force do him for drink driving? Surely the clue is in the name drink DRIVING>
He didnt give them a specimen of breath though so was done for faling to provide, same length of ban but no DD on the old license, but how can he be done for DD when he was asleep on his own driveway?
Typical pigs, lets **** people over whenever we can
The offence your mate was arrested for would have been drunk in charge.
Rather than post drivel like above, research your topic before posting to save further embarassment.
16 September 2010, 07:17 PM
#82
16 September 2010, 08:08 PM
#85
16 September 2010, 08:16 PM
#86
Driving/Attempting to Drive with excess alcohol (DR10)
Penalty - Fine - up to Level 5 (£5,000) and/or up to 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence
Mandatory disqualification for at least 3 years for second offence within 10 years.
Being in charge of a motor vehicle with excess alcohol (DR40)
Penalty - Fine - up to Level 4 (£2,500) and/or up to 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court
Penalty - Fine - up to Level 5 (£5,000) and/or up to 6 months imprisonment
Mandatory disqualification for at least 12 months for first offence
Mandatory disqualification for at least 3 years for second offence within 10 years.
Being in charge of a motor vehicle with excess alcohol (DR40)
Penalty - Fine - up to Level 4 (£2,500) and/or up to 3 months imprisonment
10 penalty points on your licence
Disqualification is at the discretion of the Court
16 September 2010, 11:19 PM
#87
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That happened to my mate, he had an argument with the missus the went to sleep in his car, on his own driveway, and coppers woke him up 3 hours later and nicked him for drink driving.
He was asleep with the keys in the glove box, the car had not being driven for 4 days, so how can the bunch of **** we call the police force do him for drink driving? Surely the clue is in the name drink DRIVING>
He didnt give them a specimen of breath though so was done for faling to provide, same length of ban but no DD on the old license, but how can he be done for DD when he was asleep on his own driveway?
Typical pigs, lets **** people over whenever we can
He was asleep with the keys in the glove box, the car had not being driven for 4 days, so how can the bunch of **** we call the police force do him for drink driving? Surely the clue is in the name drink DRIVING>
He didnt give them a specimen of breath though so was done for faling to provide, same length of ban but no DD on the old license, but how can he be done for DD when he was asleep on his own driveway?
Typical pigs, lets **** people over whenever we can
18 November 2010, 02:11 PM
#90
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Good result. Someone kicks off like that then they should be dragged to the cells. wonder if he'll now gget compo for being wrongly imprisoned and slandered in the press?
5t.
5t.