Can you be randomly Breathalyze?

Can a police officer just pull me over and randomly breathalyse me? The police can also make a requirement that a person comply with a preliminary breath test if they reasonably believe that the person was driving, attempting to drive or in charge of a vehicle at the time of an accident.

Can police Breathalyze anyone?

If the officer can smell alcohol on your breath when he speaks to you, however, then he can breathalyse you under the above power. The Police can breathalyse you if they have reasonable cause to believe that you were the driver at the time of a road accident. No suspicion of having alcohol in your body is required.

Can you refuse to be Breathalysed?

You cannot refuse a breath test unless you have a ‘reasonable excuse’ for doing so. If you refuse a breath test without good cause, you could be arrested and charged with failing to provide a specimen.

In what case can the vehicle used to commit an offence be confiscated?

The police can seize a vehicle on a road if it may have been used to commit crime or has been left in a dangerous or unlawful position, or in a dangerous condition.

What is a section 172 notice?

Section 172 of the Road Traffic Act, 1988, gives the police power to serve notice upon the registered keepers of vehicles, to whom the section applies, of a requirement to identify the driver at the time of an alleged offence.

Can police seize a vehicle used in crime?

Seized For Evidence If it is believed that a vehicle has been used in a crime or it is required for evidential purposes it can be seized under the Police and Criminal Evidence Act 1984(PACE) and can be retained until the officer has completed their investigations.

What happens if you dont respond to section 172?

Failure to respond to a section 172 demand can result in a further, separate prosecution for failing to provide details of the driver. Although a NIP must be received within 14 days of the alleged offence, this statutory time limit does not apply to a section 172 demand.

What is a section 165?

(a)a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143, (b)the person fails to produce such evidence, and. (c)the constable has reasonable grounds for believing that the vehicle is or was being so driven.