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Original poster

Failed roadside test but passed police station test

33 replies

qqq82 · 05/11/2022 07:21

Crashed car , no one else involved
Police arrive
Failed roadside alcohol test
Taken to station
Passed test

Is that it now ? No further Acton ? Get away Scott free ? Can continue driving ?

OP posts:
determinedtomakethiswork · 05/11/2022 07:22

Is that you or your partner? How much had you been drinking?

MichelleScarn · 05/11/2022 07:23

So had been drink driving? Disgusting

Ohdearnotagain76 · 05/11/2022 07:24

Basically yes. Although you can still be done for driving without paying attention ( not sure of correct term)

wibblewobbleboard · 05/11/2022 07:24

What did the police tell you?

Stop drink driving. You could kill someone.

doggodramas · 05/11/2022 07:26

Yes no further action.

Vallmo47 · 05/11/2022 07:29

I’d love to say whoever fails a roadside test for alcohol never drives again. There are no excuses.

CrushedPistachios · 05/11/2022 07:30

What was the time difference between road side test and station test?

PAFMO · 05/11/2022 07:31

What's with all the proudly drunk threads at the moment?

Hopefully that's not it for whoever was DUI.

CarPoor · 05/11/2022 07:34

Who has been drink driving?

I imagine it means they were slightly over the limit and by the time they got to the station their body had processed it. Or I suppose on the rare occasion it maybe a faulty breathalyser

Hopefully it's a big wake up call to the driver. They probably can't get caught on drink driving but doesn't mean they will get off Scot free as there are other driving related charges

QuebecBagnet · 05/11/2022 07:38

I’m assuming from the wording it’s not you OP but someone you know?

the police will make a decision regarding whether to prosecute for driving without due care and attention but there will be no drink driving charge. Hope the person has had a big wake up call.

LesterBiggott · 05/11/2022 07:46

Depends if they face charges for the crash. But no they won't get charged with drink driving if they weren't over the limit.

Original poster
qqq82 · 05/11/2022 08:12

Unfortunately I don't think it will be a wake up call no. And bloody typical he is going to get away with it

OP posts:
BMW6 · 05/11/2022 08:13

Is this your DH, or friend?

Original poster
qqq82 · 05/11/2022 08:16

Stbxh

OP posts:
MuthaHubbard · 05/11/2022 08:17

There won't be a prosecution/charge for drink driving - the one at the police station is the evidential test so if that one is below the limit, then no charge
Police may still charge/prosecute for driving without due care and attention

KonTikki · 05/11/2022 08:36

His blood / alcohol count was on the way down by the time he got to the station, and he was under the legal limit.
The machine runs two diagnostic self tests before being used as evidential procedure that it's not faulty.
Hopefully a wake up call before someone gets seriously hurt by his selfish actions.

Grissiinni · 05/11/2022 08:41

Dangerous driving
reckless drivung
driving without due care and attention

maybe one if these is a possibility

TeaDrinker247 · 05/11/2022 08:58

I work in a court and can guarantee that road side tests are used to get a formal breath/blood test at the station. If he passed the station one then no further action will happen.
Unless there is direct evidence of dangerous driving etc where there were witnesses CCTV etc then no charges will be brought as hard to prove that it wasn’t just an accident. Unfortunately most things go through insurance, even injury.

LaGioconda · 05/11/2022 09:20

His insurance is likely to whack up, so at least there will be some adverse consequences for him.

Original poster
qqq82 · 05/11/2022 10:11

@LaGioconda even if there's no conviction?

OP posts:
GreenFingersWouldBeHandy · 05/11/2022 10:14

Roadside tests cannot be submitted as evidence in court; that's why he was taken to do the tests at the police station (typically two). As that is with a calibrated machine and accepted as 'evidence'.

So looks like he 'got away with it'. Personally, I would never get in a car with him again.

Catapultaway · 05/11/2022 10:18

What do you want to happen? There's a legal limit, he was below it on the official test. The police and courts can't punish someone for NOT breaking the law. Whether the law is correct is another issue, I'm in Scotland, we have a lower legal limit than England I believe.

NatalieIsFreezing · 05/11/2022 10:25

Surely it's likely their insurance will be invalidated, so any damage to car won't be covered? What does their policy say about alcohol limits?

My niece had her garage crashed into by drink driver and he is having to pay tens of thousands because his insurance won't pay out (driver was seriously drunk).

TheArtfulScreamer1 · 05/11/2022 10:35

No further action in relation to drink driving as he passed the evidential test. Depending on whose fault the collision was he may be dealt with for drive without due care or other road traffic offences but his insurance won't be effected other than the usual premium increase for making a claim. Obviously if the other driver was at fault he's home and dry.
Obviously depending on where you live it may be that the local policing team is a small one and his card is now marked as a drink driver and they'll keep their eye out for him.

Catapultaway · 05/11/2022 10:40

NatalieIsFreezing · 05/11/2022 10:25

Surely it's likely their insurance will be invalidated, so any damage to car won't be covered? What does their policy say about alcohol limits?

My niece had her garage crashed into by drink driver and he is having to pay tens of thousands because his insurance won't pay out (driver was seriously drunk).

Did you miss the bit where he passed the test, as in was not over the legal limit? Of course his insurance won't be invalidated.