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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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is there a legal definition as to the distance a police car

Customer Question

is there a legal definition as to the distance a police car should follow a car, where thy suspect the driver may be under the influence of alcohol.? nr.ireland jurisdiction.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
is there any reason you think there may be?
Customer: replied 2 years ago.

sorry jo for my late reply 63yr old not computer literate very well.yes this am I was followed by police, as I was returning from Tesco's, the police did not stop me, I stopped my car the police pulled up along side me, officer come to my window said he wanted my name address date of birth. I asked why did I commit an offence, he said no. so as I did not do anything wrong, while going about my lawful business I did not comply with his request. he accused me then of driving with alcohol because he could smell it on my breath. jo I have liver disease suffering the side effects from a stroke, he then held up the breath tester, so I did not consent, he arrested me, so if police did not stop me,could not give me reasonable cause for approaching me,have they acted lawfully in the first instance?

Expert:  Jo C. replied 2 years ago.
No problem!
I'm afraid you are not describing anything unlawful. It is possibly a bit antagonistic but no more.
I am not sure whether you are charged with drink driving or with failing to provide. If it is failing to provide then they just have to show that they reasonably suspected you to have been driving and to have alcohol in your sustem. You will find the section here
http://www.legislation.gov.uk/ukpga/1988/52/section/6
the difficulty is usually showing reasonable suspicion of alcohol in your system but they usually rely on erratic driving to prove that.
They don't have to show you committed an offence I'm afraid.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

could you clarify antagonistic, do you mean the police, me,or both.? if I did nothing unlawful.did the initial police action under current n.ireland legislation,taking into account police did not stop me under any legislation, I was alreay stationary, did the police by their action act unlawfully or violate any breech of my lawful rights.? sorry jo I just cannot how ever hard I try understand when I did not break any act of law. do police just pick on someone ,then fit a crime to justify their action.?

Expert:  Jo C. replied 2 years ago.
The police.
Whether you done anything unlawful is not the issue. that they reasonably suspected you to have been driving and to have alcohol in your sustem. You will find the section here
http://www.legislation.gov.uk/ukpga/1988/52/section/6
Customer: replied 2 years ago.

sorry you did not explain my antagonistic query. I am of the belief police can do what they like , when they like,to whomever they like.in our so called democracy. my final question is this, do I as a living, breathing soul, have any rights under law,? could you tell me what they are, and specify where I may find such information.? thank you.

Expert:  Jo C. replied 2 years ago.
I'm not sure what you mean? In relation to what?
Delighted to continue with this but please leave feedback for my answer.
Customer: replied 2 years ago.

do I have under law the right to go about my lawful business without police imposing laws and statutes upon me,when I have not broken any law and statute.? on the antagonistic query, do you mean I was antagonistic toward the police, or the police were antagonistic toward me, or we were antagonistic towards each other, which is it.?

Expert:  Jo C. replied 2 years ago.
I see you are displeased so far so I will opt out.
Customer: replied 2 years ago.

sorry you fell that way jo, best wishes david.

Expert:  Ash replied 2 years ago.
Hello David my name is ***** ***** I will help you with this.
What else would you like to Know?
Alex