I was stopped by the police whilst driving and after 2 breath tests at the road side both showing as a pass the officer decided that the machine must be faulty and so arrested me and took me down the station for a test on their proper machine. I did the test at the station and passed with flying colours (both samples were zero).
Then afterwards he said that he didn't have to give me a lift back to my car but that he would out of the goodness of his heart.
Heres the question .... if I pass the tests and am not charged is what he said correct i.e. does he have to give me a lift back to my car or not?
I was always told that if I am charged then they do not have to take me back but if there are no charges then they do have to ... was he lying to me?
If so, do I have any options to follow this up? - Basically the whole affair was a comedy act and there are numerous things that I could pick on and I am just trying to establish all the facts first.
if you pass the breath test but they still suspect you are over the limit, they are allowed to take you down the station and do what they did. .
Odd as it seems they are then not obliged to give you a lift, that goes for any alleged offence not just this one. For example I have been arrested and interviewed and released and they didn't give me a lift home. However in a case like yours most people, even plod would think it's a bit out of order not to so they would generally give you a lift, but plod being plod will want to make it quite clear that they are doing you a favour.
There's no requirement in law to give you a lift back, although it often done if possible depending on local arrangements. I have seen instance where someone has become so argumentative and stroppy that a lift hasn't when it might otherwise have been.
The rules are broadly similar to those governing Customs - they can take your car apart to the constituent parts, but there is no legal obligation to put it back together again (in the same way Customs don't have to repack your suitcase in the green channel). They normally do put your car together again, but they don't have to. The Police normally take you back, but they don't have to.
Mrs T,what the hell do you know,if you cant tell from the way he has posted his question,that he has a attitude problem,as a lot of young drivers do with the police,then your as stupid as he is,if not more.
So according to you the police were entitled to harrass me as I chose the wrong user name on a site that they are never going to look at or know about anyway
A very adult argument I must say lol
If nothing else at least this gives me an idea whose opinions to even bother reading in the future
- Thanks to those of you who gave sensible answers (or clarifying Norman is a Kn0b lol)