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a passenger lost his drivers license for refusing Breathalyzer test.
Newport man gets driving ban after refusing breath test (From South Wales Argus)
how stupid is this.
a passenger lost his drivers license for refusing Breathalyzer test. (even if its for 10 days)
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Quote:
Originally Posted by
MentaL
It's actually not stupid at all, even if you are a passenger it is still illegal to refuse to have a breathalyzer test.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
GangNam Style
It's actually not stupid at all, even if you are a passenger it is still illegal to refuse to have a breathalyzer test.
It may be illegal, but it should be pointed out that the officer had no right to ask a passenger to participate in an intoxication test. He's not operating machinery and he's (likely) not being a public bother, and his being intoxicated is immaterial to anything, whatsoever.
In the US, we'd call this an unreasonable search, and the cop would likely be fired.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
GangNam Style
It's actually not stupid at all, even if you are a passenger it is still illegal to refuse to have a breathalyzer test.
It's down right stupid. It is not illegal to refuse a breathalyser test. You can be 125 times over the drink drive limit and it makes no difference as you are not in control of the car.
GangNam Style you're officially an idiot.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
If a police officer tells you to do something which is perfectly reasonable, just fucking do it.
People need to stop being such argumentative little pricks when it comes to police officers. They are there for the protection of everyone. Sure the test was pointless, but why argue? It will just piss off the officer, and get you in more trouble.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Robert
If a police officer tells you to do something which is perfectly reasonable, just fucking do it.
People need to stop being such argumentative little pricks when it comes to police officers. They are there for the protection of everyone. Sure the test was pointless, but why argue? It will just piss off the officer, and get you in more trouble.
I believe they were discussing the legality of refusing a test - not how much of a brown-nose some people can be.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Robert
If a police officer tells you to do something which is perfectly reasonable, just fucking do it.
People need to stop being such argumentative little pricks when it comes to police officers. They are there for the protection of everyone. Sure the test was pointless, but why argue? It will just piss off the officer, and get you in more trouble.
Let me see...
Providing a specimen of breath when you are the passenger of a motor vehicle. Reasonable? No.
Why argue? Defend your rights.
Pissing the officer off? You will only piss the officer off if they know you're right.
Oh and who are they protecting? They are protecting no one by taking a specimen of breath from the passenger of a car.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Hejula
Let me see...
Providing a specimen of breath when you are the passenger of a motor vehicle. Reasonable? No.
Why argue? Defend your rights.
Pissing the officer off? You will only piss the officer off if they know you're right.
Oh and who are they protecting? They are protecting no one by taking a specimen of breath from the passenger of a car.
It could have been recorded on CCTV that he was driving (that could have been found later), and thus taking the breath test would have been evidence he was drunk. Frankly we don't know every detail from a small news article. There must have been an underlying reason for the police officer to ask for a sample.
What rights are you referring to? He wasn't taking away any rights. He made a simple request that a 5 year old could have done, and probably would do without arguing. He needs to grow the fuck up, seriously. The only reason not to give the police evidence of being drunk if it you were doing something wrong.
The police officer is protecting other road users. From the article we know the car belonged to the drunk person. For all we know, the friend was driving home, then going to let the drunk guy drive home himself. Hypothetical yes, but having a breath sample gives them evidence to him being drunk if he did anything wrong. Hell in the article he even said he didn't do it because he didn't want to admit to guilt.
People today just don't respect the police. I blame DTB.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Some friend he was if he was letting the drunk guy drive home - obviously we don't know the certain circumstances like his BAC level was, if he only had say 2 beers right before etc.
I don't have a problem with taking his permit for a week. Hypothetical situation: the officers might of let him drive his drunk friends car home and they just wanted to be sure on his BAC before they let him drive away - if they didn't test him, what if he crashed and killed himself along with other persons - there could be a case made against the officers for letting him drive away without a BAC level - but on the other hand if he didn't provide a BAC level they could of just made him walk.
So it's hard to judge without knowing all the facts.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Its only okay if he was wanting to drive the car home and he refused the test, otherwise its completely illegal to do that and cops have absolutely no power at all to do that in the US.
Hate the US all you want, at least its more fair for you when you know your own laws.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
You'd only refuse bretho if you are guilty (intoxicated). As simple as that. He's lucky it's for 10 days. If it would be me, I'd ban him for a month minimum. Hate drink-n-drive bullshit.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Police officers are here to protect us - yes. But they aren't here to tell us what to do now, are they?
What if they told you to spit on your girlfriend's mouth so she can taste your saliva and can tell whether you're drunk or not, would you do it? HELLZ NO MAN! (I know I got off limit but come on!)
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Well I was a little out of it when I posted this but I still don't see why a passenger needs to be Breathalyzer for simply being a passenger.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Error 404
You'd only refuse bretho if you are guilty (intoxicated). As simple as that. He's lucky it's for 10 days. If it would be me, I'd ban him for a month minimum. Hate drink-n-drive bullshit.
He WAS intoxicated. That's the whole point of this article. He was a passenger in the car and intoxicated.
Oh and Robert you're just one of those people who would bend over backwards for a police officer. You earn respect you can't just get it because of what uniform you wear.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Error 404
You'd only refuse bretho if you are guilty (intoxicated). As simple as that. He's lucky it's for 10 days. If it would be me, I'd ban him for a month minimum. Hate drink-n-drive bullshit.
If he was not driving the car then he isn't drinking and driving he is drinking and riding. He should of just done the test and made everything simpler for him.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
MentaL
Well I was a little out of it when I posted this but I still don't see why a passenger needs to be Breathalyzer for simply being a passenger.
Im afraid you are going to have a 10 day ban from posting while under the influence of alcahol.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Revoking my drivers license for refusing to take a breathalyzer test as a passenger makes as much sense as being arrested for a robbery because I'm buying something in a store.
The two are both connected, but one is clearly out of a logical context.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
I don't see anything wrong with that at all. Here in Aus, passenger can lose his license/demerit pts./pay fine for breaking a simple law such as not wearing a sit-belt/littering/etc.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Ron
Its only okay if he was wanting to drive the car home and he refused the test, otherwise its completely illegal to do that and cops have absolutely no power at all to do that in the US.
Hate the US all you want, at least its more fair for you when you know your own laws.
Pfft, in the US the officer would have ended up shooting the drunk guy for resisting.
Quote:
Originally Posted by
Hejula
He WAS intoxicated. That's the whole point of this article. He was a passenger in the car and intoxicated.
Oh and Robert you're just one of those people who would bend over backwards for a police officer. You earn respect you can't just get it because of what uniform you wear.
Of course I would, they are there to help good people out. They deserve your respect, without them this country, and most other countries, would be anarchy. A world without laws would be a very dangerous place. Also to get that uniform they have to go through a huge amount of training, which tbh entitles them to respect. Same goes for Firefighters, Ambulances, Army, Airforce, Navy, and any other personal putting their safety on the line to protect citizens.
Perhaps he went too far breathalysing a passenger, but frankly we don't know the reasons behind it. It must have been a reasonable request or when they guy went to court the case would have been dismissed.
Quote:
Originally Posted by
Error 404
I don't see anything wrong with that at all. Here in Aus, passenger can lose his license/demerit pts./pay fine for breaking a simple law such as not wearing a sit-belt/littering/etc.
In England it's pretty much always the drivers fault for anything your passengers do. It's a piss take really since no one wants to use a seatbelt when your drunk an trying to get a drunk person to put one on is a lesson in futility!
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Robert
If a police officer tells you to do something which is perfectly reasonable, just fucking do it.
People need to stop being such argumentative little pricks when it comes to police officers. They are there for the protection of everyone. Sure the test was pointless, but why argue? It will just piss off the officer, and get you in more trouble.
That is outright ridiculous. U know just as I do that most police officers are not you "We are here for your protection type of guys". What happened to freedom?
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
Robert
If a police officer tells you to do something which is perfectly reasonable, just fucking do it.
People need to stop being such argumentative little pricks when it comes to police officers. They are there for the protection of everyone. Sure the test was pointless, but why argue? It will just piss off the officer, and get you in more trouble.
While this is true for the most part, there are a certain breed of cops that get off on being simply douches to society.
I've been nearly rear ended by cops following me for simply driving at 1am.
Those kinds don't care whether or not your innocent; they care whether or not they can get away with giving you a ticket.
ONTOPIC:
If they frown upon being publicly intoxicated (walking home), and they frown upon driving home drunk, how can they take your license, penalizing you for getting a ride home while drunk? Whether or not the guy was aware that the driver was drunk is completely beside the point. Him being in the passenger seat while drunk shows no indication of how he is as a driver, and indicates in no way that he should lose his license.
This is bullshit.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Quote:
Originally Posted by
leenster
That is outright ridiculous. U know just as I do that most police officers are not you "We are here for your protection type of guys". What happened to freedom?
I find the vast majority of officers are fantastic people, at least in England. Sure sometimes they slip up, as people normally do in high stress situations. But for the most part they are good people who chose the job to help people. I know at least 5 people who have tried to become officers, 2 became officers and 2 are specials. They are all good people, most of the time.
Doing a fucking breathalyser isn't breaking your freedom. Hell taking his license isn't, that is a privilege that is allowed by the government. If he was jailed, fair enough, but he simply wasn't.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Police in the UK have the right to request a sample of breath from anyone they suspect may or could drive a vehicle. You do not actually have to see them drive the vehicle, only suspect that they could.
Example: Man is too pissed to drive home, so he gets into his car with his keys and falls asleep in the front seat. He can be requested to provide a breath sample and arrested for being in control of a vehicle whilst under the influence as he still has his keys on him and he could drive the vehicle whilst under the influence.
Same goes for passengers, if the officer believes that the passenger can be in control of the vehicle (ie they arrest the driver for the offence and the offender gives his car keys to his friend) then they can request a breath sample from the passenger. It's an offence to decline - plain and simple.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
More like it's an offense to be alive - plain and simple, just die.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Yes because preventing said person from driving a vehicle whilst under the influence of alcohol equates to preventing them from living.
One day you will grow up and realise these laws are in place for a reason and they work.
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Re: a passenger lost his drivers license for refusing Breathalyzer test.
Fact: There were no human rights or freedoms broken here. Having a license to drive is a privilege, the only thing your entitled to is what your born with.
If the police officer truely had no reason to do what he did, it wouldn't have gone down the way it did. Plain and simple. Trying to justify denying a BAC test is just plain stupid, and you can use any reasoning you want, if the guy denied it, then he himself had something to feel guilty enough about to deny taking one.
He got off easy in my opinion.
