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powers of arrest

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alecmax689 | 11:28 Mon 14th Apr 2008 | Law
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consider this scenerio... You park your car outside your friends house after consuming two pints of beer. As you exit the car a police car pulls up beside you. As he winds his window down to ask if youve been drinking you walk away about 10 yards into your friends house. Standing in the door way you inform the police officer of your name and state that the vehicle is yours, should he have any further questions he should come back with a warrant. Would this suffice to avoid risking a breath test???
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Short Answer: NO

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Though I thought that there were some clauses related to questioning is the suspect was on private property?? Also was there no specific evidence of an offence that would promulgate an arrest
There is evidence of an offence from what you describe.

In the scenario, you have parked a vehicle after consuming alcohol. Obviously the offence here would be driving under the influence of drink (assuming a positive breath test).

The police have the right (from my understanding and experience) to enter a property on the basis of just cause - ie they suspect you to have been drink driving, and therefore can do what they want (to a certain extent).
What I believe you can do (I've not tried it though)

If the police are following you, drive to your house/friends house and jump out the car quickly and dash inside (not sure if this works if they have their lights and siren going) once inside grab a glass and bottle of vodka (or your favourite poison) and swish some vodka in the glass and pour most of it away.

When the police come to the door and try and do you for drink driving (have the glass in your hand) you can say you were under the limit until you got in your house and then you downed half a pint of vodka to put you over the limit

They cannot prove when you had the alcohol and thus cannot prove that you were over the limit when you were driving. You maybe over the limit now but that was from the vodka you may or may not have just drunk.

N.B. If you are already p*ssed do NOT drink the vodka to make you even more p*ssed lol
Not sure that would work up4it (plus that is a terrible suggestion to make).

The police are able to forensically backtrack (using blood samples) the alcohol levels in your blood. Not sure exactly how it works, but at the end of the day, drink driving is incedibly wrong, and we can only hope that the people who do it crash their cars in very remote parts of the country, only killing themselves and damaging their property - I can suggest some fantastic places if people want to try this out
I don't think 2 pints would put you over the legal limit, providing it wasn't 2 pints of vodka!
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well actually i was in that scenerio except I complied with the police and turned out to be 1millgramme ocer the limit and got a 12 month ban! 5 months left.

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