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Do You Have To Take Breathalyser Straw

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  • 16-11-2018 2:18pm
    #1
    Kilroyss
    Registered Users Posts: 30 ✭


    A while ago a was breathalysed and the guard tried to hand me the straw afterwards to put in the bin myself. I politely told her she can keep her rubbish, and she was fine with that. But yesterday my Co worker was breathalysed and told the guard he didn't want to take the straw, the guard then got aggressive and forced him to take the straw. I'm just wondering if you actually have to take the straw by law?


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    #2
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,316 CMod ✭✭✭✭magicbastarder


    Kilroyss wrote: »
    I politely told her she can keep her rubbish
    i'd probably consider it more polite to just bin something you've had in your mouth, yourself, rather than handing it to someone else.


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    #3
    Foweva Awone
    Registered Users Posts: 1,740 ✭✭✭Foweva Awone


    Bizarre, never heard of that happening. It's been a good while since I've been breathalised, but I never remember being given the straw afterwards.


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    #4
    laotg
    Registered Users Posts: 130 ✭✭laotg


    No you don't have to take it. Most guards would bring a plastic bag with them to dispose themselves. Any time I've been breathalysed the guards asks something like "would you like a memento from your experience?" As he hands me the straw. This is more a breaking-the-ice ploy as opposed to the guards not wanting to take their rubbish. I like this approach, as opposed them acting as robots reciting legislation for the roadside breathtest.

    I dont think anyone disagrees with checkpoints set up to detect drink drivers?

    OP Your friend says the guard got aggressive. You sure he didn't tell the guard to go **** himself?


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    #5
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    S10 (5) of the Road Traffic Act 2010 (as amended) in relation to mandatory preliminary breath tests gives Gardaí the option to indicate the manner in which the person is to conduct the test with them, the person must comply with this indicated manner.

    The handing back of the pipe is part of the manner for testing as prescribed by the Medical Bureau of Road Safety, failure to take the pipe if requested is an offence under S10 (6) though I can't see such a charge ever actually being proceeded with.


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    #6
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    GM228 wrote: »
    S10 (5) of the Road Traffic Act 2010 (as amended) in relation to mandatory preliminary breath tests gives Gardaí the option to indicate the manner in which the person is to conduct the test with them, the person must comply with this indicated manner.

    The handing back of the pipe is part of the manner for testing as prescribed by the Medical Bureau of Road Safety, failure to take the pipe if requested is an offence under S10 (6) though I can't see such a charge ever actually being proceeded with.

    I think that's arguable

    If the person has provided their breath specimen in the manner prescribed I can't see refusing to take the pipe is or could be an offence

    As in it would not touch upon the efficacy of the process


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    #7
    ELM327
    Registered Users Posts: 21,367 ✭✭✭✭ELM327


    Does it really matter?
    Just put the thing in the bin... simples

    People these days, seriously


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    #8
    UrbanFret
    Registered Users Posts: 2,055 ✭✭✭UrbanFret


    ELM327 wrote: »
    Does it really matter?
    Just put the thing in the bin... simples

    People these days, seriously

    Not everyone drives around with a bin in their car.


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    #9
    ELM327
    Registered Users Posts: 21,367 ✭✭✭✭ELM327


    UrbanFret wrote: »
    Not everyone drives around with a bin in their car.
    At home like, just leave it in the door pocket.
    You've blown into it.


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    #10
    the boss of me
    Registered Users Posts: 706 ✭✭✭the boss of me


    magicbastarder wrote: »
    i'd probably consider it more polite to just bin something you've had in your mouth, yourself, rather than handing it to someone else.

    It doesn't work like that though. The garda removes it from the intoxylzer and hands it to the motorist. Its the garda's equipment and they should be responsible for disposal.


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    #11
    KathleenGrant
    Registered Users Posts: 3,777 ✭✭✭KathleenGrant


    I have had an awful night and day. Really awful. And then to try distract myself I open Boards and read this. Really wish this was the worst gripe I had today.


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    #12
    Del2005
    Registered Users Posts: 18,872 ✭✭✭✭Del2005


    ELM327 wrote: »
    At home like, just leave it in the door pocket.
    You've blown into it.


    It's their rubbish not mine so they need to dispose of it.


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    #13
    dinnybyrne
    Registered Users Posts: 778 ✭✭✭dinnybyrne


    It's unbelievable that you would start a thread on this. What a horrible attitude to other people going about their work day.


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    #14
    dinnybyrne
    Registered Users Posts: 778 ✭✭✭dinnybyrne


    My god how petty and horrible you must be


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    #15
    SweetCaliber
    Registered Users Posts: 2,461 ✭✭✭SweetCaliber


    Last time I was brethalzyed he kept it and threw it in a bin bag he had hanging off the back of the squad car. Though if he asked me to take it I wouldnt of minded and would of just threw it in the bin at home. Its only a bit of plastic at the end of the day.


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    #16
    Thatnastyboy
    Registered Users Posts: 1,254 ✭✭✭Thatnastyboy


    You'd swear the tans were manning the checkpoints around the place the way peoples attitudes are to the gardaí.


    Petty isn't the word.


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    #17
    the boss of me
    Registered Users Posts: 706 ✭✭✭the boss of me


    Thatnastyboy wrote: »
    You'd swear the tans were manning the checkpoints around the place the way peoples attitudes are to the gardaí.


    Petty isn't the word.

    Tell that to Maurice McCabe.. Plenty of bullies are attracted to the power of the uniform.


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    #18
    Alkers
    Registered Users Posts: 6,811 ✭✭✭Alkers


    If they kept the straws they may not have had such a hard time in counting the number of breath tests carried out!


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    #19
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,316 CMod ✭✭✭✭magicbastarder


    don't the gardai know we're moving away from single use plastic straws anyway...


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    #20
    Wishbone Ash
    Registered Users Posts: 24,952 ✭✭✭✭Wishbone Ash


    Kilroyss wrote: »
    A while ago a was breathalysed and the guard tried to hand me the straw afterwards to put in the bin myself. I politely told her she can keep her rubbish, and she was fine with that. But yesterday my Co worker was breathalysed and told the guard he didn't want to take the straw, the guard then got aggressive and forced him to take the straw. I'm just wondering if you actually have to take the straw by law?
    I think you and your friend could do with the experience of an RUC checkpoint in years gone by. Somehow, I don't think you'd have the same attitude.

    Petty in the extreme.


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    #21
    Lia_lia
    Registered Users Posts: 6,691 ✭✭✭Lia_lia


    Jayzus, who cares.


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    #22
    Seth Brundle
    Moderators, Politics Moderators Posts: 38,852 Mod ✭✭✭✭Seth Brundle


    the boss of me wrote: »
    Tell that to Maurice McCabe.. Plenty of bullies are attracted to the power of the uniform.
    This has nothing to do with garda bullying or McCabe.
    Snowflakes these days are even more delicate!


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    #23
    Peter Denham
    Closed Accounts Posts: 181 ✭✭Peter Denham


    Sounds like your friend is a real blowhard.


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    #24
    endacl
    Registered Users Posts: 22,231 ✭✭✭✭endacl


    I used to collect them. I’d regularly be driving at night and met plenty of checkpoints. Had over 30 in the glove box at one stage. Several times I had to ask to keep it to keep the count up.

    What’s this thread about again?


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    #25
    Capt'n Midnight
    Moderators, Recreation & Hobbies Moderators, Science, Health & Environment Moderators, Technology & Internet Moderators Posts: 90,695 Mod ✭✭✭✭Capt'n Midnight


    Do I want to give a Guard a legally obtained DNA sample ?

    Tough question.


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    #26
    endacl
    Registered Users Posts: 22,231 ✭✭✭✭endacl


    Capt'n Midnight wrote: »
    Do I want to give a Guard a legally obtained DNA sample ?

    Tough question.

    It’s a plastic straw. Not a tinfoil hat.


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    #27
    RobbieMD
    Registered Users Posts: 449 ✭✭RobbieMD


    Capt'n Midnight wrote: »
    Do I want to give a Guard a legally obtained DNA sample ?

    Tough question.

    It's not legally obtained for the purpose of DNA testing though.


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    #28
    Esel
    Registered Users Posts: 22,002 ✭✭✭✭Esel


    "No thanks, Guard. I already have a snorting straw."

    Not your ornery onager



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    #29
    magentis
    Closed Accounts Posts: 2,249 ✭✭✭magentis


    Esel wrote: »
    "No thanks, Guard. I already have a snorting straw."

    Waaayyy too big for that unless you have a nose like Frank Bruno.


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    #30
    Cookie_Monster
    Registered Users Posts: 24,469 ✭✭✭✭Cookie_Monster


    the gardia should be recycling all of these straws, not trying to pawn them off on motorists. Have they joined REPAK recently or something?


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    #31
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    Cookie_Monster wrote: »
    the gardia should be recycling all of these straws, not trying to pawn them off on motorists. Have they joined REPAK recently or something?

    Great, now our recycling stats will be over inflated:)

    Joking aside, they have started doing this in Australia, but there was initially huge issues around it as they were technically classed as biochemical waste, the Environment Protection Authority there eventually allowed them be recycled following a campaign on the issue.


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