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Drivers involved in an accident be breathalysed?

ProfilePosted byOptionsPost Date

Purple **^*Sparkly*^** Diamond

Purple **^*Sparkly*^** Diamond Report 15 Nov 2018 03:44


That's awful, Florence, I hope your friends can get some help to get recompense.

Give them my best wishes

Lizxx

Florence61

Florence61 Report 14 Nov 2018 17:39

Well I've heard back from my friend who has told me their van had £16000 worth of damage and is beyond repair and so is to be written off! They are so distressed by this news it has made them ill.


They are going to contact the police and see if they can help in any way as the guy did admit it was his fault but....


I just feel so sorry for them.All they were doing is making their way home after completing a job and wasn't even moving at the time.


Florence in the hebrides

Purple **^*Sparkly*^** Diamond

Purple **^*Sparkly*^** Diamond Report 11 Nov 2018 01:43


Thanks Florence, I am hoping I feel better soon. We did go away in June for 2 weeks which was very relaxing but I don't feel confident driving the new car, it's got so many things to distract me lol I am happier in my old Fiesta which is similar to what we lost in the accident so I could share the driving on long trips.

I was much more shaken the days after the accident. I hope your friends will get back to 'normal' soon and won't be too much out of pocket. I am waiting for compensation to be sorted, as is o.h. I am hoping karma gets the ex-cop. At least he admitted fault so no hassle there.

Lizxx

Florence61

Florence61 Report 10 Nov 2018 17:20

Aw Liz that's terrible...Really sorry to hear it affected your health to the point of cancelling ur plans.So unfair. You are right, They were probably just looking after their own!
My friend borrowed a van for the next day but they have told me they were a bag of nerves driving and still feel very shaken up. Think it will take awhile for them to regain their confidence.

Don't expect to hear from the police.All they were interested in was getting the traffic moving again and that was that.

I hope you will recover and be able to travel soon and see your grandchildren. life really treats us so unfairly at times.
Take care
Florence in the hebrides <3

Purple **^*Sparkly*^** Diamond

Purple **^*Sparkly*^** Diamond Report 10 Nov 2018 00:40


Florence, that's just what happened to us last March, coming back from Essex. The driver who hit us when we were stationary was an 84 yr old 'I've never had an accident in 66 yrs' ex met policeman! The local cops said he had a 'momentary lapse of concentration' so did not charge him. Someone in an unrelated car said he was on his phone but didn't hang around to give their details sadly. Despite me complaining to the police, the ex cop got away with writing off our old car. We lost out because we only got £500 but it was a completely roadworthy, low mileage little car that had served us well. O.h. has bought a nearly new Kia with a very low mileage but it cost £1000s more than £500. He's got a special insurance through Kia so if the car gets written off in the next 3 years he gets the full purchase price back?

He was breathalysed as were the other drivers including the chap in the new car ahead of us in the queue. It was a courtesy car while his was being fixed so didn't affect him, even tho it was aldo written off.

The shock and stress of this has caused me a major fibromyalgia flare up and I am still not feeling right, so much so that we didn't bother to go away for this fortnight's holiday o.h. had to take from work and we cancelled the time away we had booked this weekend so won't be seeing the grandkids in Essex till they visit in December.

Hope your friends get things sorted out quickly. They can complain about the guilty driver when they hear from the police but to me, I felt it was a case of looking after their own regarding 'our' ex cop.

Lizxx

Florence61

Florence61 Report 9 Nov 2018 16:38

:-D :-D :-D @ Maggie

maggiewinchester

maggiewinchester Report 9 Nov 2018 16:29

Friend and I were stopped at a roundabout, when the car behind didn't stop in time.
They only gently hit the back of the drivers car - it was old, and due to be replaced, so we didn't get out, just looked behind.
The two young men in the rather clapped out car behind, mouthed sorry.
They didn't look the sort you would want to have a 'barney' with, so we just waved.

We drove off - and took their front bumper!! :-0
It had got hooked on the trailer hitch.
Fortunately, it dropped off, so the lads could pick it up,
I call it Karma :-D :-D :-D

RolloTheRed

RolloTheRed Report 9 Nov 2018 15:05

Most insurers offer no claim protection.
Pretty well anything can be leased Inc specialist and custom vehicles.

Bobtanian

Bobtanian Report 9 Nov 2018 14:23

I was "followed" by A police car for maybe two miles, and they stopped me about 300 yds from home. now they obviously had done their homework because they addressed me by name, and therefore knew that the car was on its way home.so wasnt stolen or twocked..
( i had been to my shooting club that evening) they didn't search the car OR myself, but insisted I be breathalysed. they dint have the cardboard tube you blow into, so they reqested some be fetch out by another crew....lo and behold, yes I HAD had a drink but was nowhere near a limit!

Florence61

Florence61 Report 9 Nov 2018 13:38

Their insurance does not give courtesay vehicles on their policy! Their van was specially modified to suit their business and that's why not leased.

its just unbelievable that someone can smash into another vehicle because they were distracted for whatever reason and not get charged.

If my friend or others had been injured and needed hospital treatment, it would have been a different story then i'm sure. But injury or no injury, surely the person responsible for causing damage to 4 vehicles in all should be held to ransom.

Florence in the hebrides

RolloTheRed

RolloTheRed Report 9 Nov 2018 13:17

It is not very tax efficient to buy cars/vans used for business. Much better to lease. Any serious accident you get a replacement vehicle v quickly. Leasing better for cash flow as well.

For the most part the traffic police have scant interest in non injury accidents other than checking the paperwork. Lots of work. Low conviction rate. They just don't have the resources.

Shirley~I,m getting the hang of it

Shirley~I,m getting the hang of it Report 9 Nov 2018 12:22

alcohol can usually detected on the breath so would think if the police thought they smelt it then they would test


Andysmum

Andysmum Report 9 Nov 2018 12:15

The following applies to England/Wales. I haven't checked if the law in Scotland is different, although I know the limits are lower.

A police officer will administer a preliminary breath alcohol test as a matter of routine if they reasonably believe a person was driving, attempting to drive or in charge of a vehicle at the time of an accident on a road or other public place. If this is the case then there is no requirement for them to reasonably suspect a person is under the influence before the requirement for a preliminary breath test is made.


Reasonable suspicion and reasonable belief

Whether or not a police officer reasonably believed or reasonably suspected is a question of fact and can be determined by examining all available evidence and statements in relation to the offence. In order to reasonably believe, a police officer must have a greater degree of certainty than they would need to reasonably suspect.

A police officer may reasonably suspect that a person has committed an alcohol related traffic offence if:

The person admits that they have drank alcohol
The police officer smells alcohol
The persons face is flushed or they have bloodshot or glazed eyes or any other visible signs of possible intoxication
The persons reactions are uncoordinated or slow
The manner in which they were driving was erratic or unusually slow and cautious
The police have been given information regarding a specific driver who is thought to be driving while intoxicated


If your friend only "thought" the driver was "probably" using a mobile phone, then the police officer was right and there is no evidence.

I agree though, that they should be penalised for driving without due care and attention.

JoyBoroAngel

JoyBoroAngel Report 9 Nov 2018 12:10

I think everybody involved in an accident
should be breathalysed and drug tested :-( :-(

Florence61

Florence61 Report 9 Nov 2018 11:21

Yesterday I heard from a good friend of mine who was involved in an accident. Thankfully other than being shaken up they were not badly injured.
They were on a main road about 500 yards from a roundabout. The road was busy and they were actually stationary due to the heavy traffic.

Suddenly my friend felt a huge knock to their van and got a terrific fright. They got out and saw the van behind had hit the rear of friends van and caused a huge amount of damage. They estimated to be doing 50 miles per hour and said they didn't realise the traffic wasn't moving due to a minute loss of concentration!

My friends van had been shunted so hard that it knocked the car infront and another 2 further on.
A passing police car stopped, checked they didn't need an ambulance and was keen to clear the vehicles as they were causing obstruction to traffic.

They did not breathalyse any one. When my friend told the policelady they thought they were probably on their phone, their reply was well there isn't any evidence.


They stayed until the vehicles were taken away by local recovery and that was it.


Sure anyone involved in a RTC is breathalysed by law? This person needed their van for their business and was lucky to be able to borrow a van from someone else.


If its written off, they will lose out as it was brand new last year and cost lots of money which they will not get all of it back on their insurance.


The driver who caused the accident should be charge with driving without due care and attention shouldn't they?
Im astonished at the lack of interest the police showed.

Thoughts on this please

Florence in the hebrides