Drink-drive get-out?

[661-Pete]

Another thought. If one came into confrontation with a visibly drunk driver, would a 'citizen's arrest' be in order? What does the law say about that?

Speaking for myself, I might be minded to grab the keys from the offending vehicle. Would that be theft?

[Jdsk]

Speaking for myself, I might be minded to grab the keys from the offending vehicle. Would that be theft?

Not in England in the absence of intent to permanently deprive the owner of the property. (That's why TWOCing exists as a separate offence.)
https://www.cps.gov.uk/legal-guidance/t ... t-offences

Jonathan

[Jdsk]

Another thought. If one came into confrontation with a visibly drunk driver, would a 'citizen's arrest' be in order? What does the law say about that?

24A "Arrest without warrant: other persons":
https://www.legislation.gov.uk/ukpga/19 ... ection/24A

Jonathan

[Mick F]

Exactly TC.
You know better than most of us.
If you kill or injure someone, morals come into this of course.

Say one drives along and hit some railings or street furniture or something. One's car is wrecked. One has been drinking and is perhaps over the limit.

Some folk see the damage and phone the police, but meanwhile one walks down to the nearest hostelry and get legless.
The coppers and the courts don't have a leg to stand on either.

[Postboxer]

I hope they refer this to social services, putting her kids in danger with the manner of her driving, then downing vodka whilst leaving the kids sat on the driveway. I also hope her employer consider whether someone who wanted to commit insurance fraud is trustworthy enough to work as an accountant.

There ought to be far stiffer penalties for people who do not inform their insurers of incidents, they are being subsidised by the honest drivers. It seems to have become the 'done thing' to not inform insurance companies after an accident, much the same as the totting up of speeding ticket points on a licence, I want the people who can't drive safely to be priced off the road after their premiums go up and up. My wife has been driven into three times in recent years and I think each time, pressure has been put on her to not go through the insurers.

[Bonefishblues]

I hope they refer this to social services, putting her kids in danger with the manner of her driving, then downing vodka whilst leaving the kids sat on the driveway. I also hope her employer consider whether someone who wanted to commit insurance fraud is trustworthy enough to work as an accountant.

She had a minor accident. Should all accidents with children in a car be reported to Social Services? On her account* she too was outside the house whilst necking 2 pints of vodka.
She was not committing insurance fraud. She was however likely breaching the contract she has with her insurers (which usually require all incidents to be reported, irrespective of whether a claim is made) which could well have voided her insurance.

*Whatever credibility we attribute to it.

[ChrisP100]

Does anyone honestly believe she wasn't drunk behind the wheel?

Fortunately people can't be convicted on what I think probably happened after I've read a newspaper article.

Jonathan

Whilst I understand that, IF the story has been reported correctly it does not stack up.

Having seen the aftermath of someone 'necking' 2 large glasses of vodka I find it difficult to believe her version of events. If she had indeed drank that amount of vodka in such a short space of time and still been conscious then it would suggest that she has a high tolerance for alcohol which is indicative of someone who has a serious drinking problem.

[Postboxer]

How did she fit, presumably all 4 kids and herself into her friend's van? How was she conscious enough to ensure the car seats were fitted in the van correctly and that her kids were safely strapped in?

Seems to be a loophole that needs closing, not sure how though. One could be in a collision, be a bit stressed, exchange details, the other driver could assume you were drunk, call the police, you don't know they have, go home, have a drink, then the police show up. How would you know they were coming? Or you could rush to your friends house so they can witness you downing vodkas asap.

[ANTONISH]

Does anyone honestly believe she wasn't drunk behind the wheel?

Fortunately people can't be convicted on what I think probably happened after I've read a newspaper article.

Jonathan

The report that I read seemed to imply that she had two pints of drink containing vodka - rather than two pints of vodka.

[Bonefishblues]

Does anyone honestly believe she wasn't drunk behind the wheel?

Fortunately people can't be convicted on what I think probably happened after I've read a newspaper article.

Jonathan

The report that I read seemed to imply that she had two pints of drink containing vodka - rather than two pints of vodka.

The report states that in her evidence her friend said the drinks she made were virtually neat vodka, IIRC.

[thirdcrank]

We can't have this both ways. Shortly after the crash her blood alcohol is reported to have been recorded on the definitive machine as almost four times the limit. Her defence seems to have been that she reached that level entirely through drinking in the immediate aftermath of the crash. One way or another, the defendant got a lot of alcohol into her body in a very short time.

[Bonefishblues]

Being serious for a moment, that is an astonishingly high reading.

My belief, which counts for nothing, is that she had been drinking, was fearful/expected that she would blow positive if tested, and did indeed go to her friends and (over)load to ensure an alibi.

[Oldjohnw]

Being serious for a moment, that is an astonishingly high reading.

My belief, which counts for nothing, is that she had been drinking, was fearful/expected that she would blow positive if tested, and did indeed go to her friends and (over)load to ensure an alibi.

You are very probably right, but as has been said before, that is not the basis of convictions under British law.

[Bonefishblues]

Being serious for a moment, that is an astonishingly high reading.

My belief, which counts for nothing, is that she had been drinking, was fearful/expected that she would blow positive if tested, and did indeed go to her friends and (over)load to ensure an alibi.

You are very probably right, but as has been said before, that is not the basis of convictions under British law.

...is why I said "...which counts for nothing,..." as clearly as I was able

[Tangled Metal]

Being serious for a moment, that is an astonishingly high reading.

My belief, which counts for nothing, is that she had been drinking, was fearful/expected that she would blow positive if tested, and did indeed go to her friends and (over)load to ensure an alibi.

Good job she's not our friend. Firstly we don't have enough alcohol in the house. Secondly if we knew she'd been in a motor accident we'd refuse you give her any alcohol anyway. Probably drive her back to the scene of the accident too.