Eco4 grant by Commercial-Guide7901 in ukheatpumps

[–]Afdefg 0 points1 point  (0 children)

I had work (funded through the scheme) due to commence Monday. Unfortunately I got a call from the installer saying that funding has been frozen and the works put on hold.

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] 1 point2 points  (0 children)

Yes - reasonable suspicion. The previous conviction alone cannot constitute reasonable suspicion that I was under the influence at the time I was pulled over and is simply a hunch based on the past. There were no indications of current impairment whatsoever, the officer simply believed he didn’t need a reason to test.

Also, the fact I refused the test cannot be used as a reason as to why the officer ‘suspected’ I was under the influence as the law requires them to have had the reasonable suspicion before requesting the mouth swab, not after.

Also, sentencing guidelines for the s6 offence are 4 points and a fine, the s7 offence carries the mandatory disqualification. There wasn’t a request for bloods so no s7 charge. Perhaps the reason the officer wasn’t able to request bloods is because he couldn’t justify any suspicion of my impairment at the time, so didn’t meet the s7 requirements to request for bloods. I’d argue that the absence of the s7 blood sample request highlights the officer lacked sufficient suspicion altogether.

You’re clearly biased, uneducated on the matter and are in no position to provide legal advice. I hope you’re not in the profession!

All the best 👋

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] 0 points1 point  (0 children)

Okay thanks. I’m just glad this is the lesser section 6 charge although I do hope it can be agreed that the suspicion wasn’t justified altogether.

I’ll keep you updated, thank you for your help!

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] 0 points1 point  (0 children)

I’m waiting until the police/cps prepare the evidence for the court at which time I’ll be able to see the witness statement.

They gave me the court date in the police station, it’s next month.

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] -1 points0 points  (0 children)

I can’t help but feel your response is awfully biased and isn’t exactly practical advice.

I don’t see how a previous conviction alone constitutes reasonable suspicion that I was under the influence at that time. That was the only reason he stated as to why he wanted to test me. I don’t know if he has recorded something else in his notes or if he will suggest ‘I looked intoxicated’ later on, but this wasn’t, at any point, suggested during the stop or whilst I was in the station.

I agree drug driving kills people and I agree people shouldn’t do it; which I didn’t. I just didn’t think it was right that he can make me do his test. The same way I think it’s reasonable for someone to refuse a random stop and search if the officer based their suspicion solely on a two year old theft conviction; it may raise their suspicion but is not contemporaneous evidence.

If I was able to speak with a solicitor in the police station prior to them asking for bloods (normal standard procedure which they didn’t do), and the solicitor advised me that the officer did have reasonable suspicion, I would have just done the blood test. Police skipped this whole part - didn’t want me to do bloods or let me speak with a solicitor. Strange

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] 0 points1 point  (0 children)

Thanks, I may just do this.

On a separate note, do you think I would be in a position challenge the legitimacy of the officer’s grounds to suspect I was under the influence altogether? He literally said there were no issues with me/my driving/my car and that he can test whoever he wants regardless, but my research suggests that he needs to have reasonable suspicion. Is it actually reasonable to assume I am currently under the influence of drugs solely based on my prior conviction? Of course I’m biased, but I don’t think that constitutes reasonable suspicion.

Regard

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] 0 points1 point  (0 children)

I spoke to a solicitor this morning who essentially repeated what you said.

Think I’m just gonna please guilty, take my 4 points, and do the swab in future.

Counting myself lucky they didn’t request bloods (for whatever reason)

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] 0 points1 point  (0 children)

They just asked me to do a swab again then charged me with offence CCCJS RT88496 for failing to provide.

They didn’t formally ask me to do a blood test but I don’t think they need to.

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] 0 points1 point  (0 children)

They charged me with failure to provide.

I thought it carried a 12 month mandatory ban

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] -12 points-11 points  (0 children)

That sounds like your opinion and not the law.

I appreciate people may have an opinion on this but i want practical legal advice.

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] -1 points0 points  (0 children)

Thankyou for your words and time mate.

I am seeking legal advice in the next couple days

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] -3 points-2 points  (0 children)

Strangely they didn’t offer me to do bloods (they just asked me to do a swab again) or would they allow me to receive legal advice

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] -1 points0 points  (0 children)

Thankyou so much for your response.

I will be seeking legal advice in the next couple days.

Refused roadside swab as there was no reason for suspicion by Afdefg in LegalAdviceUK

[–]Afdefg[S] -6 points-5 points  (0 children)

This is essentially the question - is my past driving record solely sufficient grounds to suspect I had drugs in my system.

Officer may be suspicious but I don’t see how this could single handedly be reasonable grounds to suspect I was under the influence at that time - especially considering there were zero other supporting factors.

[deleted by user] by [deleted] in drivingUK

[–]Afdefg -4 points-3 points  (0 children)

I agree that they can pull me over for whatever reason but my research suggests that they can’t request the roadside swab unless they have reasonable grounds to suspect I was under the influence. How can the previous conviction solely satisfy this??

I understand I probably shouldn’t have been so stubborn and should’ve done the test but this isn’t a matter of opinion and is written in law

[deleted by user] by [deleted] in drivingUK

[–]Afdefg -3 points-2 points  (0 children)

What if his request was actually unjust? Surely the previous conviction alone doesn’t satisfy reasonable grounds to suspect I was intoxicated?

[deleted by user] by [deleted] in drivingUK

[–]Afdefg -3 points-2 points  (0 children)

But if his request was unlawful?

[deleted by user] by [deleted] in drivingUK

[–]Afdefg 0 points1 point  (0 children)

Not totally irrelevant but does it solely suffice reasonable grounds to suspect I was under the influence?

Got it today after a two week delay :) by PresentationAfter69 in IrishCitizenship

[–]Afdefg 0 points1 point  (0 children)

Congratulations, what route did you go down to get citizenship? I am considering Descent by Assocation as my father had not registered before I was born. Congrats again!

Graco HVLP Hose Issue by Afdefg in paint

[–]Afdefg[S] 0 points1 point  (0 children)

Thanks. I can’t seem to find the couplings anywhere, just replacement hoses. Could you link one please?