Do You Have To Take Breathalyser Straw

Kilroyss · 16-11-2018 2:18pm #1

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?

magicbastarder · 16-11-2018 2:28pm

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.

Foweva Awone · 16-11-2018 2:28pm

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.

laotg · 16-11-2018 2:41pm

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?

GM228 · 16-11-2018 2:52pm

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.

McCrack · 16-11-2018 4:59pm

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

ELM327 · 16-11-2018 5:01pm

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

People these days, seriously

UrbanFret · 16-11-2018 5:02pm

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.

ELM327 · 16-11-2018 5:21pm

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.

the boss of me · 16-11-2018 5:26pm

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.

KathleenGrant · 16-11-2018 5:30pm

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.

Del2005 · 16-11-2018 5:33pm

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.

dinnybyrne · 16-11-2018 5:35pm

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

dinnybyrne · 16-11-2018 5:37pm

My god how petty and horrible you must be

SweetCaliber · 16-11-2018 5:39pm

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.

Thatnastyboy · 16-11-2018 5:43pm

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.

the boss of me · 16-11-2018 5:46pm

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.

Alkers · 16-11-2018 6:10pm

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

magicbastarder · 16-11-2018 6:10pm

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

Wishbone Ash · 16-11-2018 9:42pm

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.

Lia_lia · 16-11-2018 9:44pm

Jayzus, who cares.

Seth Brundle · 16-11-2018 9:46pm

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!

Peter Denham · 16-11-2018 9:51pm

Sounds like your friend is a real blowhard.

endacl · 16-11-2018 9:52pm

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?

Capt'n Midnight · 16-11-2018 9:53pm

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

Tough question.

endacl · 16-11-2018 9:54pm

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.

RobbieMD · 16-11-2018 9:59pm

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.

Esel · 16-11-2018 10:23pm

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

magentis · 17-11-2018 2:23am

Esel wrote: »

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

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

Cookie_Monster · 17-11-2018 6:11am

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

GM228 · 17-11-2018 11:48am

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.

CFlat · 17-11-2018 12:06pm

In France you're legally obligated to carry, in your own car, a breathalyzer kit so be thankful for small mercies. Its only a piece of plastic.

On another note I haven't been breathalyzed in well over 30 years:eek:

Dial Hard · 17-11-2018 12:13pm

I'm convinced a significant proportion of the Boards population actively go around looking for things to be ornery about.

GM228 · 17-11-2018 12:21pm

CFlat wrote: »

In France you're legally obligated to carry, in your own car, a breathalyzer kit so be thankful for small mercies. Its only a piece of plastic.

On another note I haven't been breathalyzed in well over 30 years:eek:

The offence (and €11 fine) for not having one was dropped in 2013 indefinitely, whilst the law does still technically require one there is currently no penalty or offence committed for not carrying one and no action the Police can take.

Obvious Desperate Breakfasts · 17-11-2018 2:34pm

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 wish I had so little to be worrying about. You don’t know you’re alive, OP.

cursai · 01-01-2019 12:44am

TCM wrote: »

Ot in your mouth by choice.

It is your choice. You choose to live in this country and all it encompasses.

Esel · 01-01-2019 1:19am

cursai wrote: »

It is your choice. You choose to live in this country and all it encompasses.

TCM's ninja delete foiled!

nthclare · 01-01-2019 1:23am

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?

My local guard say's "here's a souvenir"

I tend not to get pedantic or act the snowflake with these guys, after all they're doing a job

Do You Have To Take Breathalyser Straw

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