Quote:
Originally Posted by blackthorn
One of my staff at work was off the other day and when he returned to work he told me that 2 days previously he was followed from the local supermarket to his house by the police. He said, that they followed him because he failed to use an indicator at some junction. When they got to his house, they could smell alcohol and breathalysed him, which he failed. .
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Quite possibly. The road-side test is an indication as to the level of intoxication, but can't be taken as evidence. The intoximeter at the police station will then be used and the suspect gives two samples, both of which are analysed. The lower of the two readings is then used as evidence.
Quote:
Originally Posted by blackthorn
I asked him what happened next, he said the police took his car away to the compound. I asked him if he was arrested and he said no because he fully admited to drinking and driving. ( I find that a bit weird ). He appeared in court the next day where he tells me that he has been given a 18month driving ban.
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He'd have to be arrested in order to be detained and taken to the station. The car would only be removed to the compound if there were other circumstances - such as not insured to drive it. This was included I think under section 165 of the Road Traffic Act 1988. For driving whilst under the influence, then the suspect would be released on bail. Part of the bail conditions are always that you don't re-offend, which means if you are caught a second time driving before you licence is revoked, then you would be refused bail and put straight before the court.
Quote:
Originally Posted by blackthorn
Right I have a couple of problems with this guy now. We all work at an outdoor shopping centre, which is private property. Part of his job is driving a mini road sweeper and a small mule which tows a jetwash. None of these vehicles have license plates or road tax (not needed). He tells me that the police said he was ok to carry on driving these on our site but I am not so sure. My main worry is, that he sweeps the carparks, where the public have access. So what I am asking is, what are the laws on this situation ?
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Category K on the driving licence covers "Mowing machine or vehicle controlled by a pedestrian". This includes electrically propelled hand-held rubbish carts. (My local authority fell foul of this some years ago and the cart had to have an L-plate affixed to it.)
If the licence has been revoked by the court - then it will be a complete ban - it's not conditional or partial.
It's also important to note that the police don't ban you. Theoretically, once sober, you can lawfully drive your car until the court seize your licence and revoke it. This is after the court case - which happens even if you plead guilty by post. The penalty for drink driving is an obligatory ban (see
here) unless there are some pretty good reasons why a ban should not be imposed. In any case, there would also be points added to the licence which would probably be sufficient to ban under the totting-up procedure.
Quote:
Originally Posted by blackthorn
Also, if anyone can tell me if it is normal procedure to take someones car away when stopped for drink driving. I would understand them taking it away if say he was stopped on a road miles from his house but he was at his own house when they done him.
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As above - the only reason a car would be taken away generally,
- if there is no insurance for the person to drive the car
- if it's been used in the commission of a crime (and seized under the proceeds of crime act)