can police breath test you on private property?

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corksta

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#189260 13-Jan-2009 16:12

With getting breath/blood tested in your house, it would be a grey area, They are allowed to breath test you but it would be frowned upon by the courts if they made any delay in obtaining the reading.

With all due respect you need to state facts because what you've said is not correct at all, there are no grey areas. If you read back through the other posts you'll see there is very clear criteria that must be met before the police have the legal authority to enter and remain on your property to carry out a breath test (in this case you have no say as to whether you want them there or not), while the other posts centre on what they can/can't do if they're not in fresh pursuit.

As far as your comment about being frowned upon by the court for delays in obtaining a reading, well I don't know where you've got that from because a blood test is not conducted in someone's house, and once they blow into the device at the house it's either a 'pass' or 'fail general' or 'fail youth' result which is near instantaneous and if they fail they are immediately required to accompany the officer to a police station, so it's next to impossible for any delays to occur in obtaining a reading.

In a forum like this which is read by many people, who know many other people, who also know other people, and so on, people need to be careful about what they post on subjects like this - it's how old wives tales start and spread around!!! Just like the one that says a police officer can't give you a ticket if they're not wearing their hat......... hahaha

paradoxsm

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#189280 13-Jan-2009 16:59

Sorry that above post should have stated "may be allowed to breath test you". I would think they would have every right if they followed you home after witnessing you weaving about the road but it would be little strange to turn up 3 hours later because "somebody *555 dobbed you in".

One of the many reasons for the mobile blood testing stations - the STOP buses, test them on the spot, no delays, no sobering up in the back of the police car, no travelling to police stations and talking to lawyers while they sober up and perfectly admissable as court evidence. I can't speak from experience though but that what I have been told that people attempt to delay the test in case they "are on the verge"

Dratsab

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#189379 13-Jan-2009 22:53

@ JoeRandom: Really? That would only apply if you couldn't positively ID the driver, otherwise (if the circumstances are as you describe them) it should have been an automatic breath test...

I have been in a situation where I went to may parents for dinner and, as I expected, had too much to drink so couldn't drive. I would have caught a taxi but my father volunteered to drive me home.

On the way a car pulled out of a give-way forcing us to take evasive action. After a short distance the car had crossed the center line a few times so the driver was obviously having difficulty with vehicle control. I called star *555 and advised police of what was happening and instructed my father (yes instructed!) to keep following. A prime motivator was the tops of the heads of two children I could see in the rear seat.

This driver hit several kerbs on their way home and crossed the centre line more times than I could count. They reached their home and drove down the driveway so I got my father to stop on the road and act as a guide for when police arrived. I got out of the car and followed the driver - in doing so lost communication with police. I then confronted the driver (as they were getting out of the car) about why they were driving in the manner they were, especially with children in the back seat.

I met a furious response but didn't back down and when police arrived a few minutes later I was able to describe the driver to them and indicate where they had gone. Even though this person had gone into their house and been lost from my view, they were still breath tested, with a "fail general" result, and required to accompany police (a neighbour looked after the kids) for a breath test.

It's a very clear cut situation - you're ID'd and time is proximate to the offence. Consequence - you get given your rights and a free ride to the local breath testing station. Now how many industries can you say do things like that for free?

Which brings up an interesting question - why don't police charge for these time/labour services?

Regs

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#189383 13-Jan-2009 23:00

this is going slightly OT for this topic, but is along similar lines so here we go:

Is it illegal to consume alcohol whilst driving in NZ? Or is it just illegal to be drunk and 'in control' of motor vehicle?

I always remember seeing those american shows/movies where people are arrested for having an 'open container' of booze in the car while it was moving.... regardless if it was the driver or not

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Dratsab

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#189384 13-Jan-2009 23:03

paradoxsm: it would be little strange to turn up 3 hours later because "somebody *555 dobbed you in"

It just wouldn't happen. One of the huge problems with forums such as this is that many people ltend to ive in the "what if" state. Forget that. Deal with what happens at the time - "what if" (in dealing with human reality in real time) simply doesn't exist. People will be dealt with based upon facts, proximity (ie time), circumstance, motivation, opportunity etc.

In relation to your post with the "Free Carpet Shampoo" van - a point to remember
- "sham" means one thing and "poo" means another...

Dratsab

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#189387 13-Jan-2009 23:21

Regs: this is going slightly OT for this topic, but is along similar lines so here we go:

Is it illegal to consume alcohol whilst driving in NZ? Or is it just illegal to be drunk and 'in control' of motor vehicle?

I always remember seeing those american shows/movies where people are arrested for having an 'open container' of booze in the car while it was moving.... regardless if it was the driver or not

If you are within the bounds of an area which is defined as being part of a liquor ban it is illegal to be in possession of alcohol. Otherwise there are no specific laws relating to containers of alcohol, whether open or not.

A passenger can be absolutely hammered and have a hugely potent alcoholic mix in their hands. If the person (mate, taxi driver, whatever) that is driving them home is sober - brilliant, no offence, carry on, good-bye. The only real problems here kick in when the driver is a kidnapper/rapist/murderer and the lack of psychic abilities that plague most of the human race (where cops are drawn from by the way - they're not bred in tanks) fails to detect this.

Edit: If a driver is/has been drinking alcohol (and has an open container in their vehicle and are out of a liquor ban area) and they pass a breath screening test, they may still be forbidden from driving for state of mind purposes - which can also help ensure the safety of other road users. End edit.

Continuing on with this digression, are there any Americans (or people who have lived there) that can proffer advice onto whether or not American law (state or federal) specifies if there is a certain percentage of alcohol which which must be present within a beverage for it to be considered "alcoholic"?

nunz

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#194470 6-Feb-2009 14:36

Asmodeus: So what happens if you have a locked gate at the street and/or large dogs, etc and refuse to come out of the house? Can they climb the fence or have the dogs snared or something?

Also, what if you pretend you're not home...?

Not trying to spread law evasion tactics here, just wondering :)

Simple - they will fine you for not being able to getto your front door. Dog owners are respobsible to allow safe pagssage to their doors free of dogs.

Council or govt law - not sure but it is legislated in some form.

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Batman

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#198467 28-Feb-2009 08:04

it appears that they can't! at least not if you're inside the house already anyway

http://www.stuff.co.nz/4862894a11.html

Tahii

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#198475 28-Feb-2009 08:51

That makes sense - no Police officer actually saw him driving, and no officer saw him drive onto his property, and go into his house. I think it'd be a different outcome if that had all actually been sighted.

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#198493 28-Feb-2009 10:16

well i dont know, it seems pretty clear acc to the media

Police say the man was "entitled" to refuse to comply with officers who knocked on his door

Like everyone, he is entitled to, say lawyers

But many members of the public are convicted after being breathalysed in their homes, either because they believed they had to follow police demands or because they felt they should front up to their wrongdoing

BurningBeard

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#198524 28-Feb-2009 12:41

Aaroona:
I hate door-to-door salesperson/s. We get alot of them around here. If it's not for vacuum cleaners its for the movies, if not movies its for the movie stores.

It's endless and annoying..
If only there was something we could do about those people.

and just be warned people, if you get visited by the people from Kirby (the vacuum cleaner place), the sales staff are very pushy, persistant and actually quite rude.

I keep my front gate locked at all times (an my front door, more often than not).
Mostly for safety reasons (my neighbourhood is dodgy as hell) but also it keeps outa) salespeople (the last straw was a bulshy little man from mysky)b) deluded peckerheads selling me jesus (I might go around selling athiesm and evolution door-to-door one day)

My very metal Doctor Who theme

Dratsab

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#198527 28-Feb-2009 13:43

joker97: it appears that they can't! at least not if you're inside the house already anyway

http://www.stuff.co.nz/4862894a11.html

This has already been pointed out in the 5th paragraph of my reply on the first page of this thread...

corksta

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#198540 28-Feb-2009 15:44

Dratsab:
joker97: it appears that they can't! at least not if you're inside the house already anyway

http://www.stuff.co.nz/4862894a11.html

This has already been pointed out in the 5th paragraph of my reply on the first page of this thread...

Come on joker97 have you even read the replies on this thread??? Dratsab and myself have already pointed out that the police can provided certain criteria have been met prior to entering the property.

http://www.legislation.govt.nz/act/public/1998/0110/latest/DLM435114.html#DLM435114

In this case he was entitled to refuse (as anyone would be) because none of the criteria in subsection 1 had been met. If he, or anyone, is followed on to the property by the police then they are still entitled to refuse, however they can refuse all they want but it won't make the slightest difference as the police have a statutory authority to enter and remain on the property to carry out the test.

And since when did the media start reporting the truth?!

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