Batman has been to court -now with legal bollocks on p3-

[mummywhycantieatcrayons]

Surely, PB, it would be a criminal offence for anyone to refuse to take the test in England regardless of language spoken. You cannot have laws that specifically target English speakers but let foreigners off - that would be discrimination. Obviously now, foreigners are safer to take take the test and then claim not to understand - which is dumb. The whole thing makes no sense to me.

Yes Monty, of course - I didn't word that very well - what I mean is that it is a criminal offence to refuse a police officer's request (which is usually in English!) to breath into a breathalsyer without a reasonable excuse.

As far as I'm aware, there are two excuses that might be considered reasonable:

1. The suspect has a medical condition that means he/she can't safely provide enough breath for the device to sample.
2. The suspect speaks so little English that the request was not understood.

[Harry Genshaw]

The language thing is a joke... anyone in the civilised world knows what it means when a police officer asks you to breath into a little black device at the roadside.

Well he was from Estonia.

[Montreal Wanderer]

Surely, PB, it would be a criminal offence for anyone to refuse to take the test in England regardless of language spoken. You cannot have laws that specifically target English speakers but let foreigners off - that would be discrimination. Obviously now, foreigners are safer to take take the test and then claim not to understand - which is dumb. The whole thing makes no sense to me.

Yes Monty, of course - I didn't word that very well - what I mean is that it is a criminal offence to refuse a police officer's request (which is usually in English!) to breath into a breathalsyer without a reasonable excuse.

As far as I'm aware, there are two excuses that might be considered reasonable:

1. The suspect has a medical condition that means he/she can't safely provide enough breath for the device to sample.
2. The suspect speaks so little English that the request was not understood.

Yet re 2, he did in fact provide the sample whether or not he understood the purpose. Why would that invalidate the test? Also, if he was so drunk he couldn't get out of the car (Batty's testimony) why wouldn't such other eyewitness evidence from Batty and police also be valid? Still, as Gertie would say, confuserated.

[runningonbravado]

That's a feck* joke that, Batty. Sick of all this discrimination tip toeing

[TANGODANCER]

For a conviction to be obtained here, it would need:

Video evidence showing at least a dozen witnesses at the scene, one holding up a watch and another a copy of the daily newspaper with the date underlined.
A police car driving past at that moment with four occupants all with 20/20 vision.
A Polish/Estonion impartial witness who lived at least two villages away from the defendant and was no relation back home.
A Polish/Estonion translator who also had to take a breathalyser test to be sure he understood what was said and wasn't drunk.
A Catholic Priest, A Rabbi, A Buddhist and an elder of the Muslim Faith.
A phsyciatrist.
A sound recording technician.
A reporter from The Sun newspaper
The Mayor of Preston.
Robin.

Case may well still have been dismissed if the defendant claimed he was an athiest and he had got drunk with the Polish/Estonion Ambassador and was claiming diplomatic immunity.


.

[Worthy4England]

For a conviction to be obtained here, it would need:

Video evidence showing at least a dozen witnesses at the scene, one holding up a watch and another a copy of the daily newspaper with the date underlined.
A police car driving past at that moment with four occupants all with 20/20 vision.
A Polish/Estonion impartial witness who lived at least two villages away from the defendant and was no relation back home.
A Polish/Estonion translator who also had to take a breathalyser test to be sure he understood what was said and wasn't drunk.
A Catholic Priest, A Rabbi, A Buddhist and an elder of the Muslim Faith.
A phsyciatrist.
A sound recording technician.
A reporter from The Sun newspaper
The Mayor of Preston.
Robin.

Case may well still have been dismissed if the defendant claimed he was an athiest and he had got drunk with the Polish/Estonion Ambassador and was claiming diplomatic immunity.


.

That would ensure everything was bang to rights and reported clearly and in an unbiased manner

[TANGODANCER]

For a conviction to be obtained here, it would need:

Video evidence showing at least a dozen witnesses at the scene, one holding up a watch and another a copy of the daily newspaper with the date underlined.
A police car driving past at that moment with four occupants all with 20/20 vision.
A Polish/Estonion impartial witness who lived at least two villages away from the defendant and was no relation back home.
A Polish/Estonion translator who also had to take a breathalyser test to be sure he understood what was said and wasn't drunk.
A Catholic Priest, A Rabbi, A Buddhist and an elder of the Muslim Faith.
A phsyciatrist.
A sound recording technician.
A reporter from The Sun newspaper
The Mayor of Preston.
Robin.

Case may well still have been dismissed if the defendant claimed he was an athiest and he had got drunk with the Polish/Estonion Ambassador and was claiming diplomatic immunity.


.

That would ensure everything was bang to rights and reported clearly and in an unbiased manner

Since when has truth been the main priority in newspaper reporting?

[Worthy4England]

For a conviction to be obtained here, it would need:

Video evidence showing at least a dozen witnesses at the scene, one holding up a watch and another a copy of the daily newspaper with the date underlined.
A police car driving past at that moment with four occupants all with 20/20 vision.
A Polish/Estonion impartial witness who lived at least two villages away from the defendant and was no relation back home.
A Polish/Estonion translator who also had to take a breathalyser test to be sure he understood what was said and wasn't drunk.
A Catholic Priest, A Rabbi, A Buddhist and an elder of the Muslim Faith.
A phsyciatrist.
A sound recording technician.
A reporter from The Sun newspaper
The Mayor of Preston.
Robin.

Case may well still have been dismissed if the defendant claimed he was an athiest and he had got drunk with the Polish/Estonion Ambassador and was claiming diplomatic immunity.


.

That would ensure everything was bang to rights and reported clearly and in an unbiased manner

Since when has truth been the main priority in newspaper reporting?

Or in a court room?

[TANGODANCER]

And the headlines?

"Joker has the last laugh in Batmobile attack"

[mummywhycantieatcrayons]

The language thing is a joke... anyone in the civilised world knows what it means when a police officer asks you to breath into a little black device at the roadside.

Well he was from Estonia.

Hah, I've never been there (perhaps Bruce can inform us), but I believe that Estonia is an upwardly mobile place these days... I know Gordon Brown would love to have something like their growth rate.

A taxi driver I know picked up three Estonians fellas from Liverpool airport the other week, and they were most surprised when they couldn't pay the fare by credit card... a common facility in their homeland.

Put it this way, they'll all know what a fecking breathalyser is!

[mummywhycantieatcrayons]

Yet re 2, he did in fact provide the sample whether or not he understood the purpose. Why would that invalidate the test? Also, if he was so drunk he couldn't get out of the car (Batty's testimony) why wouldn't such other eyewitness evidence from Batty and police also be valid? Still, as Gertie would say, confuserated.

Yep, I'm confused as well.

Sometimes we're so keen to play by the Queensbury Rules when it comes to foreigners, that we come off looking a bit of a joke.

It is quite proper that non-English speakers should be protected from being unfairly disadvantaged by a language barrier, but a breathalyser test is a very factual thing that nobody is allowed to turn down with impunity anyway... bizarre.

[americantrotter]

As shitty as it is, count yourself lucky you don't have to go to court about a co-worker who murdered her kids. (Allegedly) That was a part of my 07 that will I'm sure come up again in 08.

Hopefully he paid for your car, as that sentence sucks.

As a defence or prosecution witness?

The prosecution called me in for the Grand Jury. I am sure that I will be on both lists for the trial. Aside from knowing the accused at work I have little to do with it, but it's something I would rather not re-visit in a court room.