toots wrote:
Not sure about the random test but as far as I was aware you only have to be in charge of the vehicle with the keys for them to be able to test you, you don't have to have moved anywhere
Indeed, but I still don't think they can just breathalyse anyone, I think they have to have reasonable grounds to suspect an offence:
Quote:
Can the Police carry out random breath tests?
The Police only have to show that they reasonably suspect a moving traffic offence or the consumption of alcohol or drugs. Consequently, if there is anything that the Police do not like about the manner in which a vehicle is being driven (ie too fast, too slow, erratically etc) this gives the Police grounds to stop the driver and carry out a breath test. The important issue is the Officer does not have to prove or even "believe" that an offence has occurred, merely that he "suspects" an offence.
http://www.drinkdrivinglaw.co.uk/offenc ... lcohol.htmI think, for example, that a report from a member of the public might constitute "reasonable grounds" to suspect an offence, irrespective of what's observed by the police.
But if the police officer merely has to "suspect" an offence then clearly that looks like something that will be a field day for the lawyers.
Not sure what would happen, though, if someone failed a breath test but claimed police had no legal grounds for testing him in the first place
Saw a newspaper article as well about police carrying out
random stops but then asking drivers if they wanted to do a
voluntary breath test.
I wonder if they could draw any inferences if the driver refused to take the test under such circumstances?? Could it give them grounds to 'suspect' an offence, even if there's no other evidence to suggest one?
http://www.independent.co.uk/news/uk/cr ... 62810.html