Should There Be Instant Road Side Bans For Drink/Drug Drivers?

[ToraToraTora]

https://news.sky.com/story/officers-should-be-allowed-to-ban-drug-and-drink-drivers-at-the-roadside-police-chiefs-say-13077983

Good idea and include mobile phone users too.

[bhg481]

What about compensation for a driver that is banned at the roadside and then a court appearance overturns the ban - an "innocent" person has been banned and may have lost finacially.

[THECORBYLOON]

I read it to mean that there would be a presumption of an immediate ban until a court decides otherwise and that court would also decide how long any ban would last, if appropriate. 

[douglas9401]

Knobs with knives are bailed as a matter of course and free to roam but a man with a hat can destroy the life of a driver without due process?

What could possibly go wrong?

[ToraToraTora]

10:46 yes that is a consideration, I suspect the law will be framed such that no compensation can be claimed or possibly a defined amount per day of erroneous suspension.

[ToraToraTora]

11:13 "Knobs with knives are bailed as a matter of course and free to roam but a man with a hat can destroy the life of a driver without due process?" - did you read the thread? It won't be without due process.

[bhg481]

I think another problem is that the roadside breath test machines are not calibrated - even the calibrated ones at the police station give results which are not identical when two readings are taken with only a small time gap.

[THECORBYLOON]

The roadside test is only an indication and there are then two tests taken, normally at a police station.

The lower of the two tests is then used to determine the blood-alcohol level.

I see nothing to suggest that process would be changed.

[ynnafymmi]

Id better not mention Lesley Riddoch on here in case there are any SNPers looking in.

[douglas9401]

I know I started it but 'due process' seems to mean something a bit different to what non-legal types like you and me may think.

This seems to be a further weakening of the rights of citizens in favour of bring down the workloads of police and courts.

https://en.wikipedia.org/wiki/Due_process#Notes

"An American constitutional lawyer might well be surprised by the elusiveness of references to the term 'due process of law' in the general body of English legal writing.... Today one finds no space devoted to due process in Halsbury's Laws of England, in Stephen's Commentaries, or Anson's Law and Custom of the Constitution. The phrase rates no entry in such works as Stroud's Judicial Dictionary or Wharton's Law Lexicon.[1]"

[barry1010]

Imagine the fall out if somebody lost their driving job because of an instant ban that was erroneous. Months until a court date, could lose his home, his marriage, all because he ate some poppy seed bread 

[ToraToraTora]

Yes barry, that's possible but we can't not enact change because it's possible that errors will be made.

[bhg481]

Perhaps the term "Roadside ban" is misleading; if the offender is given the calibrated tests at a Police Station before the ban is issued then I would give more support to the idea. Maybe even a reading over 100 (say) required before a police ban could be given,readings below that figure being treated as they are now.

[Old_Geezer]

Another step down the slippery slope. Judge Dredd here we come.

[jno]

no thanks. I recall the cops going round dishing out fines to people stopping for a cup of coffee in the park during Covid. Let them get on with solving crimes, not handing out sentences.

https://uk.news.yahoo.com/derbyshire-two-friends-walk-coffee-200-fine-rescinded-reservoir-181848049.html?guccounter=1

[jno]

doesn't even have to be the police these days

https://www.theguardian.com/commentisfree/2024/feb/22/fined-feeding-pigeon-chip-councils-funds

[Pegasus16]

I havent read up on this sorry, But drivers providing a positive test should be 'bailed with conditions' not to drive until conclusion of a court case.

[retrocop]

       // Yes barry, that's possible but we can't not enact change because it's possible that errors will be made. //

Oh please can we introduce capitol punishment in that case. Apparently DNA is foolproof. I'll pull the trap and answer to my maker..  Oooops. Perhaps that is why I am exempt for jury service.🤣