SMIDSY by a copper tonight

[col]

Hang on, YOU were made to give a breath test? Riding a pedal cycle? Ermmm.... No legal way to require that from you at all!

Could he have refused to give a sample?

 

[400bhp]

Sounds like they were trying to get anything that might help cover his arse if there was a serious problem?

+1

I can kind of understand it though.

 

[Sittingduck]

Sorry to hear about this Ian but glad the new Kona is unscathed!
This Copper, his name wasn't Gordon Brown by any chance?

 

[marshmella]

Hang on, YOU were made to give a breath test? Riding a pedal cycle? Ermmm.... No legal way to require that from you at all!

Agreed, i don't think I've ever heard of that before. Best wishes for a speedy recovery Ian.

 

[ianrauk]

Sorry to hear about this Ian but glad the new Kona is unscathed!
This Copper, his name wasn't Gordon Brown by any chance?

Lol, nah, this was a real copper.. not a part timer wannabe

 

[avsd]

Sorry to hear about you and the new bike. Glad so both escaped with limited injury to yourself and none to the new bike. I think 400bhp has made a very considered and helpful offer to check your bike over

 

[Cubist]

Could he have refused to give a sample?

Yes. The request wasn't a legal requirement at all. If it did show a high level of alcohol it would only have been a factor if there was other evidence to suggest Ian's cycling was impaired by alcohol, but as the Cop told Ian he didn't see him, he is not in a position to allege poor standard of cycling.

 

[ianrauk]

Was it by any chance phrased as an invitation or request to take the breath test?

Asked me if I had been drinking then said I am going to give you a breath test....and then went straight into the instructions. Being a bit disorientated with the accident and with all the cops, the paramedic and the witness around me I just went ahead. I have no problem with it.

 

[kishan]

not good mate main thing your ok and bike is ok and hey atleast the missus is pampering you so even a bonus lol

 

[leemo]

I'd be outraged if I was asked to give a breath test in those circumstances and would refuse. Basically trying to get something to protect his colleague I'd say.

 

[baldycyclist]

it is not a legal require to give any breathe test....

 

[compo]

I understand the breath test not being a legal requirement but your negative result removes one avenue of defence the police officer could use against you.

 

[cloggsy]

'kin 'ell... What hope have we got if we're getting knocked off by the Police now???

Get well soon; where is this going to go? Are you going to make a complaint?

 

[HLaB]

Yikes, I'm glad it doesn't sound too serious! I think you reacted right to the breathtest; if you haven't been drinking its not like its going to hurt you and if anything it might make your case stronger; refusal just winds people up and may make things harder.

 

[leemo]

I understand the breath test not being a legal requirement but your negative result removes one avenue of defence the police officer could use against

I'm not a lawyer but I dont think it would stand up in court. That is you can't infer that the person would have failed the test because the refused to take it when they are not required to take it. Otherwise what is the difference between being required to take the test and not?