Alleged drunken driving - observation period

Ultimate Seduction · 06-05-2019 01:28PM #1

Is there a maximum period? Arrested at 12, brought to station, in to cell for 3 hours then breathalyzed on at 3am the machine. Why was I waiting 3 hours?

skallywag · 06-05-2019 01:48PM

Seems odd to me, surely if they are looking for a conviction then it is in their interest to test sooner rather than later.

Ultimate Seduction · 06-05-2019 01:57PM

skallywag wrote: »

Seems odd to me, surely if they are looking for a conviction then it is in their interest to test sooner rather than later.

You'd think that wouldn't you. Was in and out of the cell I think the machine was malfunctioning or the Garda couldn't get it going. Either way, a very stressful 3 hours!

Sonny noggs · 06-05-2019 01:59PM

Had you been drinking?

Ultimate Seduction · 06-05-2019 02:00PM

Sonny noggs wrote: »

Had you been drinking?

I don't see the relevance of this to my question, but yes, I had a few pints earlier in the day. I passed the test anyway.

skallywag · 06-05-2019 02:00PM

I guess then it's just a matter of perspective, if you were over the limit and subsequently passed then I would be counting my lucky stars, if you were sober in the first place I would be vexed.

Sonny noggs · 06-05-2019 02:01PM

Ultimate Seduction wrote: »

I don't see the relevance of this to my question, but yes, I had a few pints earlier in the day. I passed the test anyway.

So what is the problem?

poppers · 06-05-2019 02:05PM

Ultimate Seduction wrote: »

I don't see the relevance of this to my question, but yes, I had a few pints earlier in the day. I passed the test anyway.

If you failed the road side test Maybee gaurd relaised you were marginally over and gave your body a chance to clear the alohol from your system and allow you to pass.

Ultimate Seduction · 06-05-2019 02:05PM

Sonny noggs wrote: »

So what is the problem?

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

Ultimate Seduction · 06-05-2019 02:07PM

poppers wrote: »

Maybee gaurd relaised you were marginally over and gave your body a chance to clear the alohol from your system and allow you to pass.

How can he tell if I was over the limit without breathalyzing me. I had 3 pints last one at 3pm, aressted at 12am.

skallywag · 06-05-2019 02:10PM

Why do you think that he was suspicious that you had been drinking if he did not get you to blow on the side on the road?

K.Flyer · 06-05-2019 02:11PM

You must have failed the roadside test for them to bring you in, unless they had another reason.
If you pass the breath test on the road you are free to go.
Maybe you were just barely over on the road test and he was giving you a chance, you passed and got let out, you could have lost your license had he tested you sooner. You were lucky.

poppers · 06-05-2019 02:13PM

Ultimate Seduction wrote: »

How can he tell if I was over the limit without breathalyzing me. I had 3 pints last one at 3pm, aressted at 12am.

Did you not do a road side test. Or did you refuse it.
Never heard of anyone being arrested without failing or refusing to do one.

Ultimate Seduction · 06-05-2019 02:14PM

K.Flyer wrote: »

You must have failed the roadside test for them to bring you in, unless they had another reason.
If you pass the breath test on the road you are free to go.
Maybe you were just barely over on the road test and he was giving you a chance, you passed and got let out, you could have lost your license had he tested you sooner. You were lucky.

How was I lucky? I passed the test I had 3 pints nearly 9 hours before failing the roadside test. I asked to be put on the machine after an hour so I could be on my way. The guard wasn't trying to do me a favour I can assure you that.

skallywag · 06-05-2019 02:14PM

K.Flyer wrote: »

Maybe you were just barely over on the road test and he was giving you a chance...

I would be very surprised if someone would fail a breath test nine hours later, having had three pints. Assuming it was pints of beer of course and not vodka

Explosive_Cornflake · 06-05-2019 02:14PM

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

Had you failed the roadside? That might be enough reason to not be too worried about having things to do.

endacl · 06-05-2019 02:14PM

Sounds like a guard with a bit of cop on used a bit of discretion to do you a favour.

Stop giving out about him in case he reads this and stops doing people favours.

Ultimate Seduction · 06-05-2019 02:16PM

endacl wrote: »

Sounds like a guard with a bit of cop on used a bit of discretion to do you a favour.

Stop giving out about him in case he reads this and stops doing people favours.

Cop on holding a man till 3am when he has work at 6am? I asked to be tested and let home, I even asked for a doctor to take a blood test if the breathalysing machine was broken.

Cordell · 06-05-2019 02:16PM

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

What things? A few more left in the pack getting warm?

Mod
Not helpful, be nice here

pablo128 · 06-05-2019 02:17PM

Maybe you got smart with them and they left you for a few hours to put manners on you. I have to say you're being confrontational already on this thread. I can only imagine what you're like after a few pints.

fullstop · 06-05-2019 02:18PM

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

If you knew you were fine then why was it a stressful 3 hours? You should be taking your luck by the sounds of it.

baldshin · 06-05-2019 02:19PM

Ultimate Seduction wrote: »

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

That's what being arrested is, being held against your will. Not many are willingly held in a cell.

In regards to you asking about the maximum time, 3 hours is the timeframe to take a sample that can be used as evidence (circumstances depending), so you were held for a legal and reasonable amount of time. Yeah, it inconvenienced you, took up your time, but at the end of the day I'd rather that than have had it taken in the first hour with a greater chance of failure, a fine and a driving ban. I'd pay 3 hours any time to avoid that.

K.Flyer · 06-05-2019 02:19PM

Ultimate Seduction wrote: »

How was I lucky? I passed the test I had 3 pints nearly 9 hours before failing the roadside test. I asked to be put on the machine after an hour so I could be on my way. The guard wasn't trying to do me a favour I can assure you that.

Sorry, you posted just before I did and i have just seen the time line and see what you mean.
Why did they bring you in, did you refuse to do a roadside test?

Ultimate Seduction · 06-05-2019 02:19PM

pablo128 wrote: »

Maybe you got smart with them and they left you for a few hours to put manners on you. I have to say you're being confrontational already on this thread. I can only imagine what you're like after a few pints.

I asked a simple legal question, not to be interrogated by a people who want to point the finger. This is legal discussion not after hours.

Mod
Apart from Cordell's remark I consider the comments
by various otherposters here to be fair comment.

skallywag · 06-05-2019 02:20PM

I think I am missing the point here.

If I failed a roadside breath test the I would most certainly not be in any hurry to have the legally binding test done ... Or do I have it wrong somehow?

Rubberchikken · 06-05-2019 02:20PM

oh please..what things did you have to be doing? drinking more before driving.
shame on you.

Mod
Rubberchicken, be nice here, pls

Ultimate Seduction · 06-05-2019 02:25PM

K.Flyer wrote: »

Sorry, you posted just before I did and i have just seen the time line and see what you mean.
Why did they bring you in, did you refuse to do a roadside rest?

No, I failed the roadside test at around 11:30 pm. I asked to be tested, or even blood tested so I could just get home at around 1am. I was brought to the machine and back to the cell twice before I actually got to blow in to it.

The machine either wouldn't work or the guard couldn't work it. So why wasn't I bloodtest or urine test instead of holding me for 3 hours needlessly

Ultimate Seduction · 06-05-2019 02:28PM

skallywag wrote: »

I think I am missing the point here.

If I failed a roadside breath test the I would most certainly not be in any hurry to have the legally binding test done ... Or do I have it wrong somehow?

I had 3 drinks 9 hours before the roadside test, 12 hours by the time I was blowing in the machine.

pablo128 · 06-05-2019 02:30PM

Ultimate Seduction wrote: »

No, I failed the roadside test at around 11:30 pm. I asked to be tested, or even blood tested so I could just get home at around 1am. I was brought to the machine and back to the cell twice before I actually got to blow in to it.

The machine either wouldn't work or the guard couldn't work it. So why wasn't I bloodtest or urine test instead of holding me for 3 hours needlessly

Because they didn't know if you were intoxicated or not. If you were intoxicated and they let you out and you had an accident, they would look incompetent. In fact you would probably have started a thread saying how they shouldn't have let you out in that condition.

Why weren't you blood or urine tested? I don't know. But that, in my opinion is the only argument you could have with them.

06-05-2019 02:31PM

Ultimate Seduction wrote:

The problem is I was held against my will for 3 hours when I had things to be doing? I could have passed the test and been on my way in 20 mins. Is there a maximum time is all I am asking.

You'll never know that for sure. It's very possible that you could have failed the test 3 hours earlier.

Samuel T. Cogley · 06-05-2019 02:35PM

Happy to be corrected but I believe they can hold you for up to six hours without an extension from a more senior member.

Alleged drunken driving - observation period

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