Dunlop man caught speeding twice the limit - and DUI twice in one night

“Following a positive result, police took him to Belconnen police station where he returned a reading of 0.177 – more than eight times the legal limit of .02 for a special driver.”

Yup, he sure is speshul.

so another night in the wilds of West Belconnen. This guy has probably been doing it for years and years. He just got unlucky this time.

BD84 – Umm if you get stopped and blow over the legal limit, you get arrested and detained then taken to the station to go on the proper machine, they don’t just write you a ticket and let you be on your way. You get released after they charge you…

Sorry champ, that is incorrect – not everyone gets charged. There are criteria that must be met before Police charge someone – legal matters such as will the person appear before Court if summonsed, will evidence be lost / damaged / destroyed if the person is released, will the person continue to offend if released, will a witness be at risk if the offender is released.

In fact if you test positive by the side of the road you are not actually arrested. You are in fact detained for the purpose of being returned to a Police station for breath analysis. A fine and semantic difference but a difference none the less. Many more people are released pending summons following breath analysis at a station then are taken to the watch house and charged. In fact if old mate from the incident that is the subject of this thread had been charged he would probably not have been in a position to get back in his car.

As far as seizing the car – no evidence of a burn out therefore no power to seize the car under the ‘hoon’ legislation.

Sorry BD84, might want to spend some time getting the facts right before you stick your chin out to be smacked.

Well, since Headblowingness saw fit to name me in this thread, I just thought I’d pop in and say HI! As for going back to teh bloke’s house all concerned about his “stolen” car as the media suggests, I’d say they twigged he had a spare key wired to the muffler, and stalked him home to catch him again. Just think of all the nice stats they’ll get from that!

I wasn’t going to comment on the police, but Headblowingness seems to like people knocking them, so I came up with something for him.

thecman said :

So Police are now also expected to be a taxi service for people who have committed serious offences? That’s how I want my tax dollars spent – ferrying drunk drivers home.

How about we look at some facts. Firstly, in these circumstances Police have no legal power to seize or wheel clamp the car – none. Indeed even ‘confiscating’ the keys may be legally problematic. Secondly, just cause the guy was drunk does not mean Police have the legal authority to detain him (after he was first stopped) once breath analysis is complete – that would be unlawful arrest / confinement, a very serious offence.

I seriously doubt the veracity of AG Canberra’s story – hearsay at best. That said, certain former Magistrates who looked much like Elmer Fudd were well known for discounting fines imposed on drink driving offenders if they had suffered financial loss as a result of having to turn up in Court. The ACT justice system at its finest!

Umm if you get stopped and blow over the legal limit, you get arrested and detained then taken to the station to go on the proper machine, they don’t just write you a ticket and let you be on your way. You get released after they charge you, if you’re not totally off your face which this guy doesn’t seem to be.

Not sure about the key confiscating, from memory they can if they genuinely believe that you will attempt to drive again, and they will normally drive you home to ensure you don’t do just that and they could have seized the car under the hoon legislation because of his speed, but otherwise they could have also taken the car to the station, but only if it was likely to be a danger where it is.

Probably spend a long while without a licence this guy, depending on which easy going judge he gets.

To all the armchair legal experts………If it makes you feel warm and fuzzy to postulate on the ins and outs of our glorious legal system good luck to you. But you know shit. Working as a part time, volunteer Emergency Services worker, public servant, uni student (worse still a law student) or just being an elderly member of the Canberra communtiy who has police as friends (Ant) does not make you an expert in the workings of the law or it’s application in a policing sense. If the critics of police actions in this matter actually took the time to look at the constraints placed upon police and actions open to them you would look in the morrior and see a giant penis looking back at you.

That’s ok when he kills someone he’ can blame his troubled childhood and drug habit.

So Police are now also expected to be a taxi service for people who have committed serious offences? That’s how I want my tax dollars spent – ferrying drunk drivers home.

How about we look at some facts. Firstly, in these circumstances Police have no legal power to seize or wheel clamp the car – none. Indeed even ‘confiscating’ the keys may be legally problematic. Secondly, just cause the guy was drunk does not mean Police have the legal authority to detain him (after he was first stopped) once breath analysis is complete – that would be unlawful arrest / confinement, a very serious offence.

I seriously doubt the veracity of AG Canberra’s story – hearsay at best. That said, certain former Magistrates who looked much like Elmer Fudd were well known for discounting fines imposed on drink driving offenders if they had suffered financial loss as a result of having to turn up in Court. The ACT justice system at its finest!

p1 said :

While I am not suggesting that people use it as an excuse to not be responsable for their actions, I have to wonder about the logic of actually letting go a person who is still drunk, and has already shown that they have a serious lack of judgment.

Surely the coppers dropped him home considering he had no car. If he grabbed a spare key from home and made his way to pick up the car, then its really got nothing to do with the coppers.

Bet he’s a Canberra milk kid.

While I am not suggesting that people use it as an excuse to not be responsable for their actions, I have to wonder about the logic of actually letting go a person who is still drunk, and has already shown that they have a serious lack of judgment.

A hopeless drunk I know did exactly the same thing a few years ago. Got caught at a RBT, arrested and then let go with a stern warning not to get in the car and drive home. Walked out the front of the City Watchhouse and jumped back in his car that had been delivered there by a Constable! Was caught again on the way home but as the police hadn’t done enough to stop him for driving the second time the magistrate took his licence for the minimum 3 months. And then she got stuck into the police for letting it happen!

Darwin Awards contestant in 2011, trust me on this…

Does anyone ‘official (Police, Parking inspectors, whatever) have access to ‘wheel clamps’? This kind of thing seems a perfect use for them.

righty-ho, been pulled over and DUI, now where’s that spare key??

why didn’t the police get the car towed prior to removing him from the scene?

Given our fantastic territory’s legal system, this upstanding member of society will most likely be back out on the road before you can say “Weekend detention for stabbing someone three times”…
Sigh!

Todd Carney?