Just Been Hit By A Drunk Driver

[exodus]

So, the Police are taking no action against this low life.
I am surprised, I had thought until now the Cyprus Police might be a bit slow at times in stepping up to the plate, but not that they would let a drunk driver get away with it on a technicality (right of entry).
I would like to think they will now be "keeping a close eye" on him.
Amos.

[Band]

I would like to think they will now be "keeping a close eye" on him.
Amos.

As will lots of people!

[boycott]

Amos, its not a technicality its the law!

Even if they entered without been invited in any evidence obtained from that entry would not have been admissible anyway.

[Steve Matthews]

And even if they lawfully entered the property and the man was breathalysed and shown to be over the limit, they still couldn't do him for drink driving as he had already left the scene and gone home. It's unfortunate in this case but that's how the law works. He simply has to say that after the collision, he was shaken up so went home and drank half a bottle of brandy. Sadly, this is a trick carried out by many persistent drink drivers when they have a small collision.
Unless he's breath tested at the scene to show he is positive, there's no admissible evidence against him.

[Uncle D]

So to keep an eye out for him it was a blue Suzuki Swift. Any chance of giving us some or all of the registration number?

I would have thought a big scrape down the drivers side may be enough.

[WHL]

And even if they lawfully entered the property and the man was breathalysed and shown to be over the limit, they still couldn't do him for drink driving as he had already left the scene and gone home. It's unfortunate in this case but that's how the law works. He simply has to say that after the collision, he was shaken up so went home and drank half a bottle of brandy. Sadly, this is a trick carried out by many persistent drink drivers when they have a small collision.
Unless he's breath tested at the scene to show he is positive, there's no admissible evidence against him.

Dont know about Cyprus, but back in the UK they can still breathalyze them even after they have left and gone home.
https://www.drinkdriving.org/police_bre ... thtesthome
.

[boycott]

Sorry Steve M, leaving the scene is not a bar to been breath tested, yes you need at the time to have reasonable suspicion that the person was the driver (Not a lot of suspicion needed, say 4 people in the car and none own up to who the driver was you can test all 4 people and they commit offences if they refuse)

At court of course you have to prove who the driver was but at least you have your evidence of how much alcohol was in their system.

The drinking after the event is easy enough to get round, breath test in the normal manner, arrest if over and then IF the driver at the time declares he has had a drink since the accident, you then work out what and how much and subtract from your reading of blood/breath alcohol and if over the limit prosecute.
The driver during the drink drive procedure is asked before they give a sample "When did you last consume alcohol?" So the driver has to declare then if a drink was taken after the event.
A good officer will also ask "How much have you had to drink?" Most drivers give at the time a honest reply of x number of pints, this evidence then stops the laced drink defense.

[Band]

He had been inside for about 15 minutes before the police got there, so they could have had a usable breath sample, but, unfortunately, he "fell asleep" (at 7:15) which is why he didn't answer the door to them.

[boycott]

Unfortunately Band I suspect you had some Police Officers that at best didn't know the law or at worse couldn't be bothered!

I personally would have removed you from the scene and then entered the premises somehow (If the person didn't answer knocking, kicked it in) and then gone through the drink drive procedure.
At court when asked why and how and what rights I had to enter my explanation would have been "I knew the driver had been involved in an accident and as the driver was not answering the door I was very concerned for the drivers health, had the driver taken a knock to the head and was collapsed/unconscious, was the driver ill (Not drunk but in a diabetic coma?) So I had to gain entry because of concern for the driver's health.
As it was your honour he was just drunk so I dealt with the driver as a drink driver!

[Steve Matthews]

Sorry Steve M, leaving the scene is not a bar to been breath tested, yes you need at the time to have reasonable suspicion that the person was the driver (Not a lot of suspicion needed, say 4 people in the car and none own up to who the driver was you can test all 4 people and they commit offences if they refuse)

At court of course you have to prove who the driver was but at least you have your evidence of how much alcohol was in their system.

The drinking after the event is easy enough to get round, breath test in the normal manner, arrest if over and then IF the driver at the time declares he has had a drink since the accident, you then work out what and how much and subtract from your reading of blood/breath alcohol and if over the limit prosecute.
The driver during the drink drive procedure is asked before they give a sample "When did you last consume alcohol?" So the driver has to declare then if a drink was taken after the event.
A good officer will also ask "How much have you had to drink?" Most drivers give at the time a honest reply of x number of pints, this evidence then stops the laced drink defense.

I will happily bow to your superior knowledge. It's been many, many years since being involved in this sort of thing in a professional capacity and, having seen people escape prosecution by leaving the scene, things, thankfully, have moved on. Or not, as it sounds in this case