TopDown Posted January 18, 2013 Report Share Posted January 18, 2013 I was under the impression only a uniformed officer could take a specimen (unless following an RTC)? However, a plain clothed officer could require it (they just can't take it). Largely correct. That applies for preliminary tests. I went into the other ones already. Quote Link to comment Share on other sites More sharing options...
inca Posted January 18, 2013 Report Share Posted January 18, 2013 (edited) its a real shame but im sure the police have their reasons and will come to light soon, the fact the police were plain clothed and waiting tells me they have been after him for a while. they got what they wanted and now has a mark agaisnst his name.. being the internet we wont ever get the full truth and the police were just doing there jobs. my advice would be to get legal help from a solicitor after having the refusal letter and take it from there.. getting shirty with the police will never lead to anything positive and is pretty disrespectful. Edited January 18, 2013 by inca Quote Link to comment Share on other sites More sharing options...
JonathanL Posted January 18, 2013 Report Share Posted January 18, 2013 (edited) I was under the impression only a uniformed officer could take a specimen (unless following an RTC)? However, a plain clothed officer could require it (they just can't take it). Erm...that means that you have to do it. J. Edited January 18, 2013 by JonathanL Quote Link to comment Share on other sites More sharing options...
GingerCat Posted January 18, 2013 Report Share Posted January 18, 2013 Erm...that means that your have to do it. J. I was sure plain clothes could request but not administer a breath test (at the road side and not in a designated police station where its a Sgt or above or a suitably trained traffic officer, at least it is here ) they did change it in about 2004 or so, has it reverted? Quote Link to comment Share on other sites More sharing options...
JonathanL Posted January 18, 2013 Report Share Posted January 18, 2013 (edited) I was sure plain clothes could request but not administer a breath test (at the road side and not in a designated police station where its a Sgt or above or a suitably trained traffic officer, at least it is here ) they did change it in about 2004 or so, has it reverted? He said 'require' it, not 'request' it. If a police officer has the power to require that you do something then that means you have no choice. J. Edited January 18, 2013 by JonathanL Quote Link to comment Share on other sites More sharing options...
GingerCat Posted January 19, 2013 Report Share Posted January 19, 2013 (edited) He said 'require' it, not 'request' it. If a police officer has the power to require that you do something then that means you have no choice. J. Edited due to me being daft. Edited January 19, 2013 by GingerCat Quote Link to comment Share on other sites More sharing options...
GingerCat Posted January 19, 2013 Report Share Posted January 19, 2013 It was no good, I had to check , any constable can require/request/ask nicely however the uniform has to administer the test. Quote Link to comment Share on other sites More sharing options...
huffhuff Posted January 19, 2013 Report Share Posted January 19, 2013 (edited) Erm...that means that you have to do it. J. Sorry, I think you're wrong. But please prove otherwise as the law is both weird and confusing in places. This isn't really what the thread is about so sorry to go off on a tangent. Power to administer preliminary tests(1)If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable. (2)This subsection applies if a constable reasonably suspects that the person— (a)is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and (b)has alcohol or a drug in his body or is under the influence of a drug. (3)This subsection applies if a constable reasonably suspects that the person— (a)has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and (b)still has alcohol or a drug in his body or is still under the influence of a drug. (4)This subsection applies if a constable reasonably suspects that the person— (a)is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and (b)has committed a traffic offence while the vehicle was in motion. (5)This subsection applies if— (a)an accident occurs owing to the presence of a motor vehicle on a road or other public place, and (b)a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident. (6)A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section. (7)A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform. Edited January 19, 2013 by huffhuff Quote Link to comment Share on other sites More sharing options...
TopDown Posted January 19, 2013 Report Share Posted January 19, 2013 (edited) It was no good, I had to check , any constable can require/request/ask nicely however the uniform has to administer the test. As said, with exceptions. The key words in Section 6 are require and administer. Seperate things as you already knew. You would not require uniform for a voluntary test or for collisions. Edited January 19, 2013 by TopDown Quote Link to comment Share on other sites More sharing options...
DaveB1 Posted January 19, 2013 Report Share Posted January 19, 2013 Whist in the middle of receiving my licence! (hopefully) Well when they came round for home vist i was asked how many people i new with a shotgun licence that had been caught for drink driving TWICE? i said none? Thats because if you get caught drink driving ONCE then thats it game over licence gone. Was the answer i was given hope this helps Dave Quote Link to comment Share on other sites More sharing options...
Zulu Posted January 19, 2013 Report Share Posted January 19, 2013 (edited) Whist in the middle of receiving my licence! (hopefully) Well when they came round for home vist i was asked how many people i new with a shotgun licence that had been caught for drink driving TWICE? i said none? Thats because if you get caught drink driving ONCE then thats it game over licence gone. Was the answer i was given hope this helps Dave I know/met several people who have been convicted for drink/driving offences and still retain their shotgun certs , maybe if the offence is aggravated they lose it ?, maybe they are some members on here who can verify ? Edited January 19, 2013 by Zulu Quote Link to comment Share on other sites More sharing options...
bedwards1966 Posted January 19, 2013 Report Share Posted January 19, 2013 I know/met several people who have been convicted for drink/driving offences and still retain their shotgun certs , maybe if the offence is aggravated they lose it ?, maybe they are some who members on here who can verify ? There can be many things to take into account. It may be the only black mark against a person in say 50 years, and if it happened some time ago they may manage to retain a certificate, or to get one in a few years time. However, if it is recent or if there are any other questions or suspicions about a person there is a greater chance of losing or not being granted a certificate. The reason why certificates can be revoked is because it shows the person to have no regard for public safety or the law - not an ideal candidate for holding firearms. Quote Link to comment Share on other sites More sharing options...
JonathanL Posted January 21, 2013 Report Share Posted January 21, 2013 Whist in the middle of receiving my licence! (hopefully) Well when they came round for home vist i was asked how many people i new with a shotgun licence that had been caught for drink driving TWICE? i said none? Thats because if you get caught drink driving ONCE then thats it game over licence gone. Was the answer i was given hope this helps Dave It isn't. It may result in that but it is by no means automatic. J. Quote Link to comment Share on other sites More sharing options...
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