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Compulsory breath tests and offices in Volvos

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Mr Hammers
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PostPosted: 14:05 - 16 Jun 2009    Post subject: Compulsory breath tests and offices in Volvos Reply with quote

According to a neighbour who drives a coach for a living, motoring law is being changed considerably in the near future. He and his driver colleagues were all given reams of info to read up on about the new laws.

One of these changes is more power will be given to police in respect of dishing out fines and points at the roadside. It seems that they're waiting on delivery of a whole bunch of specialist Volvos, that have what amounts to a fully functioning office in the boot. They'll be able to stop you, fine you, and add the points to your licence while-you-wait, thereby circumnavigating the courts.

While I can see this as a good idea in one way, it'll clear the courts up so they can start dealing with more important matters more quickly, it is a little worrying that any defence you might have can be instantly dismissed by a policeman, and not a magistrate.

Also, and again I'm not sure I can see this happening (but with the Labour govt these days, who knows..) is that if you don't have the money or ability to pay up there and then, they'll be able to impound the vehicle, until it (and presumably the fee charged for taking it in the first place) has been paid.

Supposedly, this is to combat the increasing numbers of foreign cars that break the laws and get away scot-free. Polish vehicles are the worst for it, he reckons.

Another change was that from now on, anyone pulled for any reason must subject themselves to a breathalyser test. I didn't really believe him, until another neighbour was pulled that day (no seatbelt) and was breathalysed for no apparent reason, so now I'm not so sure. If it is true, it seems quite a ridiculous strategy, seeing as 99% of people won't be driving under the influence (I'm guessing 99% or thereabouts).

I'd be interested to hear if anyone who has been pulled in the last couple of days, has had to give a breath test..?
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multijoy
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PostPosted: 16:26 - 16 Jun 2009    Post subject: Reply with quote

I'd find it hard to believe that you won't be allowed to refuse a roadside penalty- that'd be tantamount to being forced to accept a caution, surely?

Mind you, did he say police or VOSA? If it's the latter, nothing would surprise me- I've heard some horror stories from colleagues about them!

If it's the former, quiz your neighbour or, even better, get some pics/titles of the docs they've been given- enquiring minds want to know!
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Kwaks
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PostPosted: 17:03 - 16 Jun 2009    Post subject: Reply with quote

Unfortunately I have also heard some of these proposals.
I also likened them to Judge Dredd.

Gone would be the chance to defend yourself in court etc etc
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Pete.
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PostPosted: 17:33 - 16 Jun 2009    Post subject: Reply with quote

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They'll be able to stop you, fine you, and add the points to your licence while-you-wait, thereby circumnavigating the courts.


Not much different to how it is now though is it? If you get a conditional offer of fixed penalty at the moment it doesn't go to the courts - it's processed at a local office. If the cops can do it at the roadside it just saves posting off your license.

I don't agree with them having the power, but not for the reasons given above.
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JP7
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PostPosted: 19:44 - 16 Jun 2009    Post subject: Reply with quote

If you commit any sort of moving traffic offence (including seatbelts), or if the police have reason to suspect you've had a drink, they have the power to breathalyse you.

Presumably there would be a power of appeal against a roadside conviction, surely? I can't see a policy of instant retribution working in practice without the chance to appeal.
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Mr Hammers
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PostPosted: 20:05 - 16 Jun 2009    Post subject: Reply with quote

JP7 wrote:
If you commit any sort of moving traffic offence (including seatbelts), or if the police have reason to suspect you've had a drink, they have the power to breathalyse you.


The difference now, if what my neighbour says is true, is that whether they suspect you or have grounds to suspect you or not, you *will* get tested.

In itself, apart from being a massive waste of police time as more people will not have had a drink than have, it doesn't necessarily sound like a bad thing. But, what I don't like, is that they now appear to have that power without any grounds for suspicion. Apply that to something else, like raiding your home, taking the car apart for drugs, anything where previously they *had* to have good reason to do anything, and suddenly it seems a little bit more worrying.

It's a law that will be a wolf in sheep's clothing, imho.

Quote:
Presumably there would be a power of appeal against a roadside conviction, surely? I can't see a policy of instant retribution working in practice without the chance to appeal.


Quite possibly, I would expect something to be in place, but no idea what form it would take, but I imagine it'd be along the same lines as it is now...ie; not really worth bothering with. Wink
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yuri2085
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PostPosted: 20:10 - 16 Jun 2009    Post subject: Reply with quote

Mr Hammers wrote:


It's a law that will be a wolf in sheep's clothing, imho.



You say that like the anti terroism laws arent already that and proving themselves to be so?
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pa_broon74
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PostPosted: 16:41 - 17 Jun 2009    Post subject: Reply with quote

I always thought it was standard practice in Scotland, if you get stopped, you get breathalysed. They have to have justifiable cause for stopping you in the first place, but two officers saying "he swerved" satisfies that aspect of things.

It's always been down to the officers discretion anyway, if you get stopped late at night/on the morning commute, you'll get breathalysed. Perhaps not in the middle of the day though.

I don't agree with the general fraying of due process that seems to be going on these days. As has been mentioned, the police do very little to instill a sense of confidence.

Also, that whole thing about the police being a civilian force, not a paramilitary one? Ok, one assumes you wouldn't be getting beaten by bamboo sticks in a laybe on the M40, but you could find yourself getting beaten and persued by a relentless beauracratic machine. I was going to say that would be just as bad, obviously it wouldn't but thats no justification. Confused

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Nixon
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PostPosted: 19:44 - 17 Jun 2009    Post subject: Reply with quote

Mr Hammers wrote:
whether they suspect you or have grounds to suspect you or not, you *will* get tested.

In itself, apart from being a massive waste of police time as more people will not have had a drink than have.


Not really a waste of time though is it? Most of my patients get a heart trace, even if there is no signs to suggest a problem with their heart; now on the off chance i do this and find someone having a heart attack, its great because i can help them Smile . But the other times that i do it and don't find any problems, isn't considered a waste of ambulance time, because the risk is still there. Just like the risk is still there for the police. I miss a heart attack my patient could die! A Copper misses a drunk driver a lot more people could die! How can protecting the community be considered a waste of time?
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Gazdaman
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PostPosted: 20:02 - 17 Jun 2009    Post subject: Reply with quote

If you want a trial, you'll always be allowed a trial. That's in the Human Rights legislation.

I don't think it's a particularly good idea. There's nothing wrong with the system of issueing tickets as it stands. If you accept it, your licence just gets endorsed by someone working for court service.

I can see very few benefits.

And also, all breath tests are compulsory, assuming you've been 'required' to provide one. And there are only a few situations when that can happen. Either the officer suspects you have alcohol in your system, you've committed a road traffic offence or you've had an accident.

Gaz
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qwerty killer
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PostPosted: 20:42 - 17 Jun 2009    Post subject: Reply with quote

Dam!!! they can put points on at the road. Its simple dont break the law...... Rolling Eyes
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Hetzer
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PostPosted: 20:44 - 17 Jun 2009    Post subject: Reply with quote

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Kickstart
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PostPosted: 21:01 - 17 Jun 2009    Post subject: Reply with quote

Mr Hammers wrote:
The difference now, if what my neighbour says is true, is that whether they suspect you or have grounds to suspect you or not, you *will* get tested.


Has been the case for a while. Has often been announced as policy during the Christmas drink driving campaigns.

Gazdaman wrote:
I don't think it's a particularly good idea. There's nothing wrong with the system of issueing tickets as it stands. If you accept it, your licence just gets endorsed by someone working for court service.


Problem with making the system easier to process if people do not go to court, you land up forcing people to "admit" an offence as they cannot risk the extra penalties should they take it to court.

This already happens with speeding. £60 ticket and 3 points, or go to court, get a higher fine, at least 3 points, costs and a "victims surcharge" with next to no evidence required of guilt.

All the best

Keith
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pa_broon74
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PostPosted: 21:12 - 17 Jun 2009    Post subject: Reply with quote

qwerty killer wrote:
Dam!!! they can put points on at the road. Its simple dont break the law...... Rolling Eyes


You assume the police are infallable. What happens if you haven't broken the law?

You're faced with the choice of paying a fine and accepting points for something you didn't do, or potentially going to court (a choice always frowned upon as it's generally seen as wasting the courts time) only to receive a higher fine and more points and as kickstart says, a 'victim's surcharge.'

All this on the say so of a police officer. Who do you think a magistrate is more likely believe; a policeman or a young motorcyclist? (I'm assuming your young.)

It's not black and white often enough for this to be a good idea.

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WildGoose
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PostPosted: 21:13 - 17 Jun 2009    Post subject: Reply with quote

We are several billion in the hole, the country needs money, as quickly and efficiently collected as possible. Enter the motorist, on average a wealthy, upstanding and gullible sort.

I have observed a camera van in use in at least one location, every single day without fail since the budget, and I do not cover a large area geographically speaking.

I'm expecting much more of this sort of carry on.
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pa_broon74
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PostPosted: 21:16 - 17 Jun 2009    Post subject: Reply with quote

WildGoose wrote:
We are several billion in the hole, the country needs money, as quickly and efficiently collected as possible. Enter the motorist, on average a wealthy, upstanding and gullible sort.

I have observed a camera van in use in at least one location, every single day without fail since the budget, and I do not cover a large area geographically speaking.

I'm expecting much more of this sort of carry on.


Indeed.

Local authorities and police are adopting Tesco's slogan; every little helps.

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Ste
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PostPosted: 21:24 - 17 Jun 2009    Post subject: Reply with quote

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qwerty killer
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PostPosted: 21:31 - 17 Jun 2009    Post subject: Reply with quote

I have seen some of the most stupidly placed speed cameras while on the road........









But then i just think im not speeding.


"(I'm assuming your young.)" Why thank you. Very Happy
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Kickstart
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PostPosted: 21:36 - 17 Jun 2009    Post subject: Reply with quote

qwerty killer wrote:
I have seen some of the most stupidly placed speed cameras while on the road........

But then i just think im not speeding.


Better hope nobody has cloned you numberplate.

All the best

Keith
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qwerty killer
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PostPosted: 21:38 - 17 Jun 2009    Post subject: Reply with quote

Kickstart wrote:
qwerty killer wrote:
I have seen some of the most stupidly placed speed cameras while on the road........

But then i just think im not speeding.


Better hope nobody has cloned you numberplate.

All the best

Keith


If my number plate was cloned I expect the police to sort it out.
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Kickstart
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PostPosted: 21:41 - 17 Jun 2009    Post subject: Reply with quote

qwerty killer wrote:
If my number plate was cloned I expect the police to sort it out.


Good chance it would be sorted out by prosecuting you for the other drivers offences until you could prove it wasn't you. And as you would likely only be able to see their evidence by taking it to court and risking a higher fine, costs, etc, you would probably find it cheaper and safer to just admit an offence you did not commit.

All the best

Keith
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qwerty killer
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PostPosted: 21:44 - 17 Jun 2009    Post subject: Reply with quote

Kickstart wrote:
qwerty killer wrote:
If my number plate was cloned I expect the police to sort it out.


Good chance it would be sorted out by prosecuting you for the other drivers offences until you could prove it wasn't you. And as you would likely only be able to see their evidence by taking it to court and risking a higher fine, costs, etc, you would probably find it cheaper and safer to just admit an offence you did not commit.

All the best

Keith


This happend to me in the mk3 golf. One letter to the DVLA and they sent me pics that the speed camera had taken and you could see it was not my car.

lol this is prob the one time speed cameras paid of for ME!! lol

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Kickstart
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PostPosted: 21:48 - 17 Jun 2009    Post subject: Reply with quote

qwerty killer wrote:
This happend to me in the mk3 golf. One letter to the DVLA and they sent me pics that the speed camera had taken and you could see it was not my car.


You were lucky (athough the DVLA would have nothing to do with the pictures). Standard trick was to refuse any access to the pics until a couple of weeks before the court case, so making it far too late to avoid going to court and save money.

All the best

Keith
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qwerty killer
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PostPosted: 21:53 - 17 Jun 2009    Post subject: Reply with quote

Kickstart wrote:
qwerty killer wrote:
This happend to me in the mk3 golf. One letter to the DVLA and they sent me pics that the speed camera had taken and you could see it was not my car.


You were lucky (athough the DVLA would have nothing to do with the pictures). Standard trick was to refuse any access to the pics until a couple of weeks before the court case, so making it far too late to avoid going to court and save money.

All the best

Keith



No way because the same thing happened to my m8, his sh#t box was cloned and got speeding fines for some town 2 hours away. one letter sorted..... lol they didnt even bother with the pics with his one he just said that he was round a m8's.

Dought if that would happen again though
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Kickstart
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PostPosted: 21:57 - 17 Jun 2009    Post subject: Reply with quote

qwerty killer wrote:
No way because the same thing happened to my m8, his sh#t box was cloned and got speeding fines for some town 2 hours away. one letter sorted..... lol they didnt even bother with the pics with his one he just said that he was round a m8's.


Dubious. Happened to us with a car that wasn't even on the road at the time. Scamera partnership wouldn't even acknowledge the letter or their mistake, just quietly dropped the case yet wouldn't say so. It was an unusual car which would have made them look very silly in court.

All the best

Keith
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