SMIDSY by a copper tonight

[Pat "5mph"]

I cycled the 6 miles home. Feeling a bit battered and bruised but nowhere as near as my 'over the bonnet' crash a couple years back.

Ach the wee horrors, could at least have given you and your bike a lift home
Get well soon

 

[baldycyclist]

you have a right to refuse any testing of anything unless they can prove you have committed an offence - this is the mainstay of lawyers who "get people off". If their evidence is not "worthy" then they have no reason to ask for a "sample" whether it be breathe, pee or blood. But....the reason most people get done is that they actually have been committing an offence (mostly speeding) and the bobbies have evidence...i.e. camera evidence, which allows them to take a breathe test etc....
If you are in an accident and there is evidence of being involved in the cause of it then that is enough...

Again folks - everything is EVIDENCE based......no can I go to sleep please?
ZZZZZzzzzzzz

 

[deptfordmarmoset]

Fecknell, breathalysed for being knocked off your bike by a copper!

What time do you finish work tomorrow? I'll buy you a pint in the Duke if it's not too early (granddaughter duties...) - fate now owes you a drink!

 

[col]

you have a right to refuse any testing of anything unless they can prove you have committed an offence - this is the mainstay of lawyers who "get people off". If their evidence is not "worthy" then they have no reason to ask for a "sample" whether it be breathe, pee or blood. But....the reason most people get done is that they actually have been committing an offence (mostly speeding) and the bobbies have evidence...i.e. camera evidence, which allows them to take a breathe test etc....
If you are in an accident and there is evidence of being involved in the cause of it then that is enough...

Again folks - everything is EVIDENCE based......no can I go to sleep please?
ZZZZZzzzzzzz

Just having reasonable reason is enough isnt it? So if they want to breathalyse you in case your over the limit, as thats an offence in itself?

 

[gaz]

This post will be of some use with regards to cycling and being drunk/ testing alcohol level.

The question is not whether you’re over the limit – the offence of driving while over the limitdoesn’t apply to cyclists. (RTA s.5)
To commit the offence of riding while unfit, the statute says that you have to be under the influence of drink (or drugs) to the extent that you’re incapable of having proper control of the cycle. If you’re capable of some sort of control, but wobbling and weaving around, then you’re probably not capable ofproper control, and you’re probably committing the offence.
In the wobbling and weaving scenario, even if you weren’t convicted of riding while unfit, you could be committing the offence of cycling without due care and attention. (RTA s.29)
So as a guideline, if you’re capable of riding normally and carefully, you should be ok.
To commit the offence of being drunk while in charge of a bike (which you can only commit when you’renot riding), you have to be drunk. The law isn’t very helpful here – whether you’re drunk is a common-sense question, with no real guidelines on how bad things have to be. The courts will take into account evidence from the police (or other people) as to whether you smelt of alcohol, how you spoke and behaved, or possibly even evidence from people in the pub as to how much you’d put away. It’ll probably help if you walk in a straight line, don’t slur and (maybe?) chew gum.
What can the police do if they catch you?
The police don’t have the power to require you to take a breath test or provide samples, either on the road or anywhere else. They might ask, but you won’t commit an offence if you say no. On the other hand, if you do agree to take a test and it shows a high level of alcohol in your system, they may well be able to use it as evidence against you. (RTA s.6)
Similarly the police can’t require you to do “impairment tests” – the finger to nose, stand on one leg, walk a straight line kind of thing you secretly worry that you wouldn’t even pass when sober. They might ask, and the same applies – you can say no without committing an offence, but if you do take the tests, they might use the evidence. (RTA s.6, 6B)
With these offences, the police will probably have most of their evidence before they stop you. They’re likely to have seen enough to judge whether you’re drunk (for the drunk in charge offence) or incapable of having proper control of your bike just by watching you.
If they take the view that you have committed the riding while unfit offence or the drunk in chargeoffence, they have no power to issue a fixed penalty notice. So it’s either a verbal warning or prosecution (or possibly a caution). If you are caught committing one of these offences, there’s probably afair chance you’ll be arrested to prevent injury to yourself or others. (RTOA ss.51(1), 54(1), Sch 3; PACE s.24(5)(c))

 

[col]

This post will be of some use with regards to cycling and being drunk/ testing alcohol level.

Cheers

 

[Davywalnuts]

Yikes mate, not good!! Glad you and bike are well and take it easy tomorrow, okay.

 

[benb]

Could he have refused to give a sample?

Yes. There is an offence of refusing to give a sample, but it only applies to drivers, and only then if the officer has reason to believe you have been drinking (smell it on breath, weaving, &c.)

I am not a police officer, so the above is only my understanding of it and might be bollocks.

 

[benb]

Seems to me as though the police were following a normal RTA procedure, where everyone is breath tested, without thinking about the fact that you were on a bicycle.

 

[col]

Yes. There is an offence of refusing to give a sample, but it only applies to drivers, and only then if the officer has reason to believe you have been drinking (smell it on breath, weaving, &c.)

I am not a police officer, so the above is only my understanding of it and might be bollocks.

Your right, see gaz's post above

 

[bucksgill]

Friend of mine had a copper go up the back of him last week. Bike is destroyed, buckled frame but he came out okay because the bike went from beneath him and he just landed on the bonnet. Thankfully he was fine and is getting a replacement through the police's insurance. Maybe its the in thing for police to do, wasnt breathalysed though.

 

[ttcycle]

Bloody hell Ian. Glad to hear you're sort of ok mate.

 

[Norm]

Isn't this where someone says "video or it didn't happen"?

Glad that you got away with it, and that the same can be said of the bike. Enjoy the R&R period, even if it is just over one night, and "safe home".

 

[growingvegetables]

Now if I were his senior, I'd have him on cycle patrol for the next six months; my choice of area

Hey - glad it wasn't worse

 

[jefmcg]

Yes. There is an offence of refusing to give a sample, but it only applies to drivers, and only then if the officer has reason to believe you have been drinking (smell it on breath, weaving, &c.)

That's why you get this pro forma nonsense:
"Sir, have you been drinking this evening?"
"I had one beer about 4 hours ago"
"Sir, you admit you have been drinking and I can smell alcohol on your breath**. Please provide a breath sample"

(I was a witness to this, and of course the test came up negative. It was obviously a script create to allow them to breath test without justification. I prefer the Australian system where all drivers are required to submit to a breath test at any time. The fact that there may be a road block on your way home makes you think very carefully about that last drink)

** No you can't, you liar.