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Are the police allowed to set up random breath testing?

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Old 20 May 2003, 06:08 PM
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paulr
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You know,stop cars and breath test everyone?
And if not why not?
Old 20 May 2003, 06:13 PM
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TurboKitty
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I think they are allowed to stop anyone if they have reasonable cause to believe a crime has been committed, and I believe they are allowed to randomly breath test. They could always say they thought they smelled alcohol on someone's breath anyway.
Old 20 May 2003, 06:18 PM
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Richard Askew
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IIRC yes they can - it happened to me - I passed then got a NIP for a small number plate
Old 20 May 2003, 06:18 PM
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m5
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They can request a breath test under certain circumstances:

1. You commit a moving traffic offence
2. You are involved in an accident
3. They have grounds to suspect alcohol in your body

HTH
Old 20 May 2003, 06:39 PM
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paulr
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You see speed traps all the time.I've never seen the police set up a roadblock trying to catch drink-drivers though.ie outside a pub car park at night.
Old 20 May 2003, 06:46 PM
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Little Miss WRX
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I have seen a ratio of 10 RBT's to 1 speed trap so far over here in Aus and I salute them for it! Excellent to see.
Old 20 May 2003, 07:08 PM
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Ian D
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Just before Christmas Avon & Somerset police were stopping every third car at around 0800 in the morning near my house to hand over a crime/drink drive prevention leaflet, during the conversation the inevitable 'when did you last consume a drink' question was asked. If it was the night before or they smelt alcohol out came the breathalyser....

So they have ways of getiing around the leagality of roadblocks...
Old 20 May 2003, 07:11 PM
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paulr
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I have seen a ratio of 10 RBT's to 1 speed trap so far over here in Aus and I salute them for it! Excellent to see.
Chelle,what form do the RBT's take...stopping every car?..
Old 20 May 2003, 07:46 PM
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Little Miss WRX
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Cool

It wouldn't be random if it was every car.

Basically, one lane is taken up with about four cop cars and a van (to take drunken idiots away in), also a tow truck is on hand to tow any cars away.
Bags are placed on the cones to drop the straws or whatever they have in after each test. Up to six cars are usually pulled in at any one time for the drivers to be tested. Sometimes they queue them up behind if they are going for a lot of testing that day.

I'll try and get a piccie of a set up for you, but I dont want to seem too suss.
Old 20 May 2003, 07:57 PM
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fast bloke
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When they do it over here they stop everyone for a 10 or 15 minutes period - Head in the window and a quick sniff.... then drive on or blow in this straw sir. They don't need an excuse to stop traffic over here - anti terrorist laws
Old 20 May 2003, 08:02 PM
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paulr
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Okay Chelle,i get the picture.
Like i said earlier,in 18 years of driving i've never been breath tested,but have seen loads of speed checks.
Old 20 May 2003, 08:23 PM
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greg.g
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You mean like a mobile halitosis clinic

Greg
Old 20 May 2003, 09:21 PM
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Chelspeed
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Crazy isn't it. Everyone knows the police do random breath tests. The law says they can't. Virtually everyone would support random breath tests.

So what do the govenrment do? Change the law to allow random breath tests? Course not the police just do it and end up p*ss*ng even more people off.
Old 20 May 2003, 09:33 PM
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TurboKitty
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They don't p1ss me off. I think they should do more of them.

I don't think anyone should be allowed to drive if they have any alcohol whatsoever in their system.
Old 20 May 2003, 11:04 PM
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OllieC
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I've had 3 breath-tests in the past 3 years (and passed each time, naturally). If you get a "random" pull and drive a car that you'd prefer isn't inspected too closely, tell them you had a pint of shandy an hour ago. They're so happy at getting to use a breathaliser that they don't look too closely at the exhaust.
Old 21 May 2003, 10:33 AM
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T.C
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Officially random breath tests are not allowed in the UK, but under the ways and means act this problem is easily overcome.

Firstly, a breath test can be requested from anyone as someone has already stated if

1 They commit a moving traffic offence.

2 They are involved in an accident.

3 There is suspicion of alcohol in the body.

In all other respects, a motorist can be stopped for no other reason than to ensure that the driver is licenced to drive that class of vehicle. Once the vehicle has been stopped, if the driver states that they have not consumed alcohol, the Policeman only has to say I suspect that you have and that would be sufficient to require a breath test.

That having been said, the evidence would need to coroborate the suspicion by saying that the eyes were glazed, or the breath smelt of intoxicating liquour or the speech was slurred, but this is quite easy once the road side breath screening device has confirmed a positive test.

In the past I have arrested a driver on a positive test who had none of the recognised symptoms of having drunk alcohol, but they were 4 times over the limit. As I say, the ways and means act can normally overcome the problem.
Old 21 May 2003, 10:46 AM
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Leslie
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Lol @ Ollie

Personally I think drink/driving is totally irresponsible and applaud any way to prevent it.

Les
Old 21 May 2003, 11:17 AM
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Ciaran
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i was stopped before christmas for a winter safety check.
worst thing was they followed me from my place of work a pub for 30 min on full beam the whole way to another pub. where i picked up a mate and then they followed me home and stopped me 10 yrds from my house with sirens going and lights blazing and when i got out the car which did not belong to me i left it running and thought it was in neutral which it wasn't so it stalled so i felt like a **** and jumped out of the door caught my foot on the way out and fell flat on my face.
worst thing is the siren woke up all the nosey neighbours who watched me fall out of the car. in the end i got a 7 day ticket and did not even get breathalised and for the winter safety check they did not even look at the car.

moral is some police men don't have a clue.

p.s i was stone cold sober

[Edited by Ciaran - 5/21/2003 11:18:53 AM]
Old 21 May 2003, 11:19 AM
  #19  
beemerboy
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i got stopped again on foot today,at Tower Hill Tubestation by plod doing an anti-terrorist search for explosives and stuff.

i didnt mind getting my bag searched at all, i think there should be more of this stuff going on.

Mind you i was asking for it, by wearing combats, flying jacket, and sporting an IT related goatie beard!!! LOL

BB
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