Police breaking the law? Operation Shepherd

Discussion in 'The Intelligence Cell' started by shagnasty, Dec 19, 2007.

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  1. Local paper reports hundreds of motorists stopped and breath tested in a road side anti 'drink drive' Xmas campaign. Agreed some of those stopped may have been arrested for drinks/drugs offences but thats not the point.

    The point is, are the police breaking the law by 'random breath testing?'

    Is random breath testing now allowed? Did I miss this law being enacted whilst I was overseas? :?
  2. We never broke the law in Norn Iron. No siree. Not once. Never.
  3. Cow

    Cow LE

    Whats wrong about Random Breath tests? Why would a change in law be needed for this to happen? If a person is stopped whilst driving or about to drive by the police, for which I don't believe they need a reason, they can breath test you whether you like it or not. You are required to be able to provide a specimen of breath for analysis by law at any time. Failure to do so and your arrested for that offence.
  4. Dont drink and drive.

    Good on the coppers for their campaign I say!
  5. At the moment they need to have a reason to stop you (driving erratically, no seatbelt that sort of thing), however I'm sure I read the other day that the gubmint are trying to change the law to allow the police to stop you for a breathtest without needing a reason.

    Could be talking bollocks of course.
  6. Random breath tests aren't allowed but if you commit a moving traffic offence (which could be anything from death by dangerous all the way down to a duff light) the police can demand a breath test. So it's easy enough to find someone to test.

    In australia they have random breath tests and they will plot up on a road, or layby and pull people in for one whenever they fancy. Hence the reason a lot of boozers out there have a free bus service.

    I think we should be allowed to do both (random trests and free bus) here.

    A) It will help stamp it out
    B) Seeing as i don't drink and drive it means that I can have a free bus. Happy times
  7. I think that you will find that the term 'Random breath testing' is not strictly accurate and is therefore confusing.

    The Police usually refer to it as a drink driving campaign rather than random breath testing. It's the press and the general population who refer to it as the latter.

    It is true that a police officer in uniform should suspect a driver to be driving under the influence, before administering a breath test, but the driver can, (At their own peril), refuse.

    I think you may find, that what is actually happening, is that the Police randomly stop drivers, (Which they are of course permitted to do), and administer breath tests where either they suspect drink, or the driver admits to having consumed alchyfrol some hours prior to driving.
  8. Got it the wrong way round a wee bit mate, Police dont need a reason to stop a car, but to request a breath test there should be a reason - ie suspicion that you've been drinking,having commited a moving traffic offence (speeding/redlight etc)

    As part of a pre planned operation (Xmas drink drive campaign) there are different rules and I think breath testing as part of this is allowed.
  9. They cannot require you to take a breath test, but they can ask you if you'd do it voluntarily. If you've nothing to hide whats the problem?
    They don't have to wait for you to commit an offence either. They are allowed to stop you for the purpose of checking your licence.
  10. Years and years ago I was stopped whilst driving along a country road in the middle of the night. I too was concerned that the police had no right to stop me so asked the sergeant what lawful reason he had to stop me. ""faulty rear lights" he replied. As non of the coppers had seen the back of the car I could have struck a blow for every free mans' right to use he Queen's highway etc etc but I realised that as I was not doing anything unlawful, had not drank too much and that it was the middle of the night and it would be their word against mine in Court, I played their game and in a couple of minutes was on my way.
    To answer the question, I think a copper can stop you at random at certain times such as when drunk drivers are making their way home. I can remember the introduction of breath testing and the way some solicitors got their clients off even though there was no doubt they were pished. The usual claim was that the police had no right to stop a motorist at random. The fact that the driver could not stand and was at least double the limit seemed to be forgotten in the "Alice in Wonderland" world that lawyers and judges inhabit.
  11. What pisses me off is the annual Drink Driving campaign immediatly outside many Military establishments; I know they will have been invited by the GC but for fecks sake it seems that the Military are being specifically targeted. Imagine the Public outcry if the Police demonstrated the effectiveness of their DD campaign at the entrance to a factory or major industrial estate or plant.
  12. They do sometimes!

    But generally it's near pubs/clubs.
  13. Cow

    Cow LE

    Law on the Web

    Drinking & Driving - The Facts

    Everybody in the pub thinks they are an expert on the drinking and driving laws, but here are the hard facts!! We hope you never have to worry about them.

    When can the police require a breath test? Any person who is driving, attempting to drive, or in charge of a motor vehicle on the road, or in a public place (eg a pub car park or a garage forecourt), may be required by the police to provide a breath test, to ascertain whether they are over the prescribed limit of alcohol - 35 micrograms of alcohol per 100 millilitres of breath (or 80 milligrams of alcohol per 100 millilitres of blood).

    The request must be made by a police officer in uniform, but can only be made if one of the following situations apply :-

    1. the police officer has reasonable cause to suspect that you have committed, or are currently committing a moving traffic offence, or
    2. if, having stopped, an officer has reasonable cause to suspect that the person driving/attempting to drive/in charge of the vehicle has consumed alcohol, or
    3. the police officer has reasonable cause to believe that you were the person driving/attempting to drive/in charge of a motor vehicle which was involved in an accident.

    More information via the link
  14. Or if your a certain counties force, why not do it outside one of the met police sports club that boundary changes have left marooned in your force area :evil:

  15. I only evers drove my car when I was too p1ss to wakls.