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mulhuis · Joined: 13 Jun 2006 Posts: 1

I would be grateful if anyone can shed some light on this one. A work colleague drove home after a couple of bottles of beer. A lone police officer noted a back light not functioning and stopped to speak to him when he had parked on his drive on private property. The officer noted a smell of alcohol and breathalysed him on private property. He failed the test and was arrested and taken to the police station, retested and subsequently charged. He was just over the limit. He does not disagree that the law is clear and accepts that but the question is -is it legal for a police officer to breathalyse on private property when that was not the index offence or the reason for approaching the driver?
Thoughts appreciated.

billythekid · Joined: 06 Dec 2005 Posts: 14 Location: ecosse

in a word yes, the police can stop you for anything menial and go on to charge you with anything detected thereafter.

friend of mine was banned for drink driving for moving his car off the drive to let his dad out. lol serves him right for drinking adnd driving, just be thankful he didn't kill anyone..

btk