Drink driving can my friend be prosecuted??

doug d

The Police can do anything they like and the Magistrates Courts will back them up as this is a Police state we live in and the sheep like Magistrates are not representitive of the majority of honest hardworking people. ~(Remember the 2 brave policemen who had an 82 year old infirm man found guilty of assault by the idiot magistrates - outrageous)

They were probably hiding in the Petrol station (eating donghnuts) so they did not have to police the street properly in case some mindless 16 year old beat them up or they might have to actually do some work for a change.

What a waste of taxpayers money.

Bring back our soldiers, give them police pay and the problem would be solved in 6 weeks.

Big Bad Boris Mayor of London

GOOD! what was he going to do when he got back to the car and filled it up? DRIVE!

shortbreadtin

Blimey - what kind of an alcy is he that he needs to drink a bottle of vodka walking to the petrol station.

need answers

Unless his keys were in the ignition, they have no case against your friend. You can sleep it off in your car, as long as the keys are not in the ignition and there's nothing the police can do to you. They didn't pull you over or see you driving while intoxicated.

OriginalBubble

I think that you have to be in the car when you are breathalised, it is stupid if they do charge him.

andrewg2002

He'll get done over for that!

Where's the proof of his innocence?

resignedtolife

A likely story. I doubt if the police will believe it either.

His word against the police. Time to get a Lawyer.

neogriff

No he can't be prosecuted because he was not observed in control of a vehicle whilst under the influence of alcohol. You have to be IN CONTROL of the vehicle for any charges to be brought.

Doethineb

Normally for a conviction there has to be a clear unbroken link between the driving and the being intoxicated. A number of drunken drivers have got away with it by going into their house before being breathalysed and emerging subsequently, declaring that they had had a stiff drink to steady their nerves. Basically, the driver has to be within view from the time he leaves the car to the time he is breathalysed for any conviction to succeed. The court cannot, in this case, be certain that your friend was drunk while at the wheel of the car. What is more, as the car had broken down there was no prospect of his driving it later on while under the influence. I can't see him being convicted.

dlk

I take it the alcohol container was "open" in the car...................they gave your friend a breathalyzer test in which he must have shown too much alcohol in his blood.....I believe yes, the police have proof of blood alcohol and an open container in the car.

Aase

No they cannot legally Prosecute as he was not in the vehicle at the time of the incident.

txx

it will get droped there no evidence he was driving

DeeJay

Yes it is! Having had a breakdown, I think your friend should have better things on his mind than vodka. He must have been drunk and disorderly at the time he got to the garage for the police to have decided to breathalise him. (imagine drinking vodka over a 3 mile distance!) Remember the police are not out to waste anybody's time or the taxpayers money on unnecessary prosecutions. They certainly must have good reasons for taking that action. Perhaps, somebody, somewhere, somehow, is not telling the whole truth!

Bill M

Since you use the words "petrol" and "drink driving" I can guess that you are not from the United States. I don't know what country you are from but I don't see how he can be charged for driving if the police didn't see him in the car.

Robert S

The authorities can charge him with a crime since he was drunk. He is certainly guilty of stupidity. It would be up to the court to decide if he was guilty of DUI.

trendy

if he had his car keys on him and had been drinking then they can do him.Ive given this question some thought and it doesn't add up why would you walk back from the garage suggesting he had drove to the garage whilst under the influence if this is to be the case then he should be prosecuted.

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