Not read the full thread (yet)
The Act surrounding breathalyser offences is peppered with case law around. So called random breath test were not lawful, Real Bobbies who knew their way around the legislation could make things work. Fifteen years ago (my last experiences of such things) older Coppers disliked the idea, where road checks took place* for such things had a low opinion of the policy. The Act is superbly written.
I was wondering my response to such a check had it happened this Christmas.. I never drink and drive, and almost the only grounds for a request would be if I were speeding (I do speed) in other words a "moving traffic offence" . Unlikely to drive with a faulty light, or not wearing a seat belt, or using a mobile device. Whilst I applaud proper roads Policing, bending the law is wrong. When I watch the odd Police fly on the wall thing and the officer offers the used tube to the driver, I think I would tell them up where the sun don't shine. I discussed this very matter with a friend and former colleague a few years ago, she was of the view if she was stopped for no prescribed reason she would refuse to provide. Her point was that she would provide evidential breath tests and if they were zero, she'd take the Police on for unlawful detention. If random checks were made legal I'd be happy with that. Ulawful does not do the Police ay favours. If you're bored read the RTA and the RTOA and associated case-law, well worth it.
* So called Road Safety Checks are/were allowed under PACE 1984 authorised by a senior officer at the scene, this can be a Constable. Chunks of PACE have gone since I lost interest I such things.
Last edited by: R.P. on Wed 1 Jan 25 at 18:36
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