Anyone Else Think This Is Disgusting Treatment From The Police ?

[ZACK]

My Eventful New Years Eve... Sorry Its So Long lol...

Went Out With The Boys In Town, Drove Down And Was Going To Leave The Car Down There Opposite The Pub We Were Staying In To Watch The Countdown, Taxi Home And Then Have A Taxi To Pick It Up New Years Day... ( Before Anyone Says Anything... I DO NOT DRINK DRIVE ! )

Countdown Came And Went, Been Drinking Since 6.00 So Wasn't In The Best Of States...

Getting Out Of The Pub To Go To One Of The Clubs Then It Was Absolutely Freezing, So I Walked Over To My Car To Get My Jacket Out Of The Back Seat...

Next Thing I Had A Copper Tapping Me On The Shoulder Asking Me To Get Out Of The Car ? Wasn't Technically In It ? And Get Into His Riot Van Until A Traffic Copper Arrived...

He Got Into The Van And Told Me They Wanted To Breathalise Me To "See If I Was Driving Legally"...

Tried To Explain That I Was Just Getting My Coat But He Was Having None Of It, Cause Aparently My Car Keys Were In My Hand And I Was Partially In The Car So I Was "Intending On Driving"...

Like I Said I'd Been Drinking Since 6.00 And This Was At Approx 12.30 So There I Was Sitting In The Back Of The Riot Van For 10 Mins Close To Tears ( Not Afraid To Admit It As Im Sure Most Of You Would Be To In That Situation ) Cause I Knew For A Fact That I Was Over The Limit... Well For A Glance Im A Biggish Sorta Guy - 6ft 4 + 18 Stone, Me All The Boys Know I Can Handl Drink Well And At This Point I Was Slurring My Words...

Traffic Copper Came, Tried To Explain The Situation To Him, So Were All My Mates To The Other Officers But Again They Were Having None Of It...

Breathaliser Came Out... Did The Test... The Traffic Cop Took One Look At Me And Said "Mr Thomas Could You Please Take A Seat In The Back Of The Patrol Car"... I Died Inside...

After Some Chatting With My Mates Outside, The Team Of About 5 Officers At This Point Searched My Car, And I Mean Emptied It ! Pulled Up The Spare Tyre Out Of The Boot And Searched That The Lot ( Even Under My Bonnet ! )...

After They Put Everything Back The The Traffic Copper Got In His Car Where I Was Sitting In A Sort Of Half Dead Half Alive State Of Shock And Told Me I'd Blown 35... He Said He Wanted To Search My Car As "A Precaution" ???

So He Said He Wasn't Going To Arrest Me, Let Me Go And Said If He Caught Me Driving My Car That Night He'd "Have Me"... He Then In Front Of Me Radioed A Unit To Come And Watch My Car In Case I Decided To Drive Off... I Mean FFS Like ? I Wasn't Driving In The First Place...

So Yeah A Panda Car Pulled Up 5 Mins Later And Just Sat There Staring At My Car...

So There You Have It... Either It Was A Miracle Or Breathalisers Don't Work ! lol

Also Lost Alot Of Respect For Those Guys That Night Expesh When I Seen The Original Officer Was Genuinely Gutted When I Blew 35...

Also Message To DEN - If They Had, Were They Legally Allowed To Arrest Me On The Grounds That I Had My Keys In My Hand ?

And Yes In Case Any Of You Were Wondering That IS What My FB Status Is About lol

[dayouk]

That does sound very harsh treatment...did they arrest you, did they show you the result? I thought they were supposed to show result straight away.
Do you think they singled you/your car out? - Blowing 35 (the limit?) Does sound bit convenient especially if your last drink wasn't long ago but what do i know. Glad you weren't nicked!

Unfortunately I have heard others had similar issues. A mate received 'a word' for opening a passenger door taking a cd out, locking the car then two police wanted to know details and what he thought he was doing, and had to breath test etc the car was iced up and even blocked in.

[Yellow]

I think technically that if you are in or around your vehicle (even sleeping in it) and have the keys in your posession then you are "in charge" of the car. The charge would be "Drunk in charge of a motor vehicle" therefore lucky escape mate. As for taking everything out of the car I don't understand that.

[ZACK]

As for taking everything out of the car I don't understand that.

Yeah I Been Thinking About That And What He Said About It Being A "Precaution", And Given The Bad Area Where I Live And That Its A Nice New Car Along With The Fact Im Quite Young I Think They May Have Been Looking For Drugs...

[John S]

Looks like the "tip-off" worked

[Den]

Totally correct. As DS3adi said, you would have been classed as drunk in charge as you had the keys with you. There would have been grounds for an arrest. I would have done the same as those cops did.

Sec 5(1) RTA 1988
If a person -
(a) drives, attempts to drive, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence .

"There is no hard and fast rule or strict test for what constitutes 'in charge' for the purposes of being in charge of a vehicle whilst under the influence of drink or drugs under section 4 and being in charge of a vehicle whilst over the prescribed limit under section 5 of the 1988 Act. However, a close connection between the defendant and control of the vehicle is required. That connection may be evidenced by the defendants position in relation to the car, his actions, possession of a key which fits the ignition, his intentions as regards control of the vehicle and the position of anyone else in, at or near the vehicle."

Oh and if you only got 35 as a reading after drinking since 6, it goes to show how much clubs water down their booze, we get it quite a lot

[gar074]

Something not quite right about this. You register 35 (i.e. not over the legal limit), but he still instructs you not to drive, & has your car watched in case you do?

I can understand the search of the vehicle - your instinct is probably right there, i.e. young bloke in pimped up (sorry!!) new car in dodgy area = drugs.

[John S]

Den..would you consider that using the keyfob to unlock the car and then opening the passenger door so that you can get something out (ie a coat or cd etc) would show an intent to drive?

[Den]

Something not quite right about this. You register 35 (i.e. not over the legal limit), but he still instructs you not to drive, & has your car watched in case you do?

The limit is 35 micrograms of alcohol in 100 millilitres of breath

Den..would you consider that using the keyfob to unlock the car and then opening the passenger door so that you can get something out (ie a coat or cd etc) would show an intent to drive?

You dont have to have intention to drive for this offence. You can be asleep in the car with no intention of driving but if you have the keys with you you are classed as in control. But in answer to your question yes i would arrest for it and let the CPS decide if there was enough evidence for a drunk in charge. I have never come across this situation though and doubt i ever would. However there are grounds for arrest if you go by the letter of the law.

[John S]

Sounds like common sense has departed the scene

[Den]

I would say common sense would be dont go back to your car if you had been drinking.

[ZACK]

You dont have to have intention to drive for this offence. You can be asleep in the car with no intention of driving but if you have the keys with you you are classed as in control

Cheers For That Den, Im Not Really Having A Go But I Think Its Understandable That I'd Be A Lil Pissed Off That I Could have Got Arrested For Something As Harmless As Grabbing My Coat,

Sorry To Quiz You Further Den And Im Sure The Results Vary... But What Could I Have Got If I Had Been Arrested And Gone To Court, Off The Top Of Your Head ?...

Cheers

[ZACK]

I would say common sense would be dont go back to your car if you had been drinking.

Will Remember This In Future !

[Den]

good to hear mate.
i think the bobbys were right not to take the matter any further, however i think if you would have blown a higher reading you might have been taken in (police wont prosecute for under 40)

[John S]

So you walk home without the nice thick coat that is sitting in the car that you dare not go near just incase the police decide that your "drunk in charge" and on the way home you get stuck in the snow and suffer hyperthermia and the Ambulance has to be called to rescue you.................:confused:....It all makes sense Ossifer