Just Been Hit By A Drunk Driver

[Band]

What age group was this low-life driver?
Amos.

60s

[Band]

Band has this chap been arrested for drink driving or anything else as you say he had locked himself in his flat and it appears that the Police did not enter the premises.

At the time I left yesterday they had not been able to speak to him, but said that they were coming back.

I am off to the police station shortly with the video, which has some great footage of his staggering about in front of the car.

[trevnhil]

Good luck..

[WHL]

The Police have the power to enter the house and breathalyze him, then arrest him if over the limit, It beggers belief that they haven't spoken to him yet, im guessing his alcohol reading might well be under by now?..even seeing him stagger around on the dash cam means nothing as he could claim all manner of reasons for that...Keystone cops come to mind

[boycott]

WHL I think you will find that the Police only have the power to enter if the accident involved injury.

Alcohol takes about 12 hours to leave the body so taking a test now is a waste of time.

From experience the drivers defense is that he was ill at the time and that caused him to stagger around. Unfortunately unless Band is a Doctor or a Police Officer he is unable to judge a whether a person is drunk (In law that is) and of course he cannot say that the driver was over the prescribed limit to drive.

[smudger]

So where will be their evidence to charge him with driving under the influence??? Not sure about here, but I'm pretty sure in the UK they need the breathalyser evidence. Can't believe they just walked away because he locked himself in the house, absolutely crazy.

[WHL]

WHL I think you will find that the Police only have the power to enter if the accident involved injury.

Alcohol takes about 12 hours to leave the body so taking a test now is a waste of time.

From experience the drivers defense is that he was ill at the time and that caused him to stagger around. Unfortunately unless Band is a Doctor or a Police Officer he is unable to judge a whether a person is drunk (In law that is) and of course he cannot say that the driver was over the prescribed limit to drive.

The Police can enter anywhere, if they believe a crime has been committed, apart from the accident, they have a fail to stop etc...as I said before if I knew of a regular drink driver I would grass them up in a heart beat, my old dad was hit by a drunk driver in London while crossing the road, the drunk a lady who went around the wrong side of an island then tried to drive off but was stopped by other motorists until the Police came, my dad spent a long time in Hospital with many broken bones, that's why I feel so strongly about these scumbags.

[smudger]

In terms of the UK WHL is correct, the police do have the power to enter the premises if they believe the drink-diver is inside. No idea of the law here in this instance.

https://www.drinkdriving.org/police_bre ... orcedentry

[boycott]

WHL I do NOT like or agree with drink driving for all sorts of reasons and I am not condoning the actions of the driver in Bands case.

However the Police do NOT have the right to enter anywhere and drink driving is not a crime along with failing to stop after an accident (A crime in law is theft/violence etc.)

[Band]

drink driving is not a crime along with failing to stop after an accident (A crime in law is theft/violence etc.)

Driving whilst under the influence most definitely is an offence here, as is failing to stop after the accident, which the police specifically mentioned as being something that they pursue.

[exodus]

WHL I do NOT like or agree with drink driving for all sorts of reasons and I am not condoning the actions of the driver in Bands case.

However the Police do NOT have the right to enter anywhere and drink driving is not a crime along with failing to stop after an accident (A crime in law is theft/violence etc.)

Are you talking about Cyprus, or UK?
If Cyprus, and if you are correct, I would suggest it is time for the law here to be changed.
Drunk drivers should not be able to avoid prosecution by running away and hiding in their houses.
Amos.

[GreenArmy12]

I know that you don't want to name the guy, but could you say if he lives in Tala or Kissonerga, and possibly a type and colour of car to be aware of?

My personal view is that the dashcam footage should be posted on social media, possibly some of the expat sites as a warning to all!

[Jimgward]

Drink driving is despicable. Like carrying a loaded gun, its just as dangerous.

[Paul]

If a Police office enters a house without an invite it is trespass that is the law here in Cyprus.
I was told this by a serving police officer at Paphos police station!

[WHL]

If a Police office enters a house without an invite it is trespass that is the law here in Cyprus.
I was told this by a serving police officer at Paphos police station!

so what your saying is someone murders somebody locks his front door, the Police have to wait for an invite before going in to arrest them.....this is a joke right?

[boycott]

WHL the difference is that murder is a criminal offence where as traffic offences are not criminal offences.

[WHL]

WHL the difference is that murder is a criminal offence where as traffic offences are not criminal offences.

Is this the same if the drunk driver killed someone?

[boycott]

WHL it then becomes a criminal offence so entry is allowed.

There are ways around not getting into the house but it involves some thinking outside the box about organizing your evidence and suspicions of the Police Officer and been able to explain/prove them in court.

Drink drive laws in the UK are really good and with stated cases from courts the Police have a lot of powers however in Cyprus drink driving and the punishments are not taken very seriously.

[William Morris]

In your opening post, you say that you caught up with him and got he's details, which were false and that the police arrived and they got he's details.

How did he manage to get back to he's apartment without the police seeing him? Did he drive off?

I am unsure of the sequence of events here.

[Steve Matthews]

Whilst I hope that this man is prosecuted to the full extent of the law, if the drunk driver left the scene, went home and locked himself indoors straight after the collision and before being spoken to by the police then I'm afraid there is very little chance that he'll be prosecuted for driving under the influence.
His defence can be that he had a minor collision and was shaken up/not thinking straight, etc so went home for a stiff drink.
There is, unfortunately, no admissible evidence (breath/blood test, etc) to show that he was over the limit at the time of the collision. Your testimony and video might not be enough, sadly.

Band, I'm very glad that you were not injured in the collision. I've seen, many times, the dreadful consequences of drink driving and it is one of the most anti social, dangerous, inexcusable acts that people can carry out.