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Drink Driving - what would you do?

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Rupert:
Some years ago whilst out on my bike, a van suddenly passed me and then stopped about 100 - 200m further along the road and right in the middle of the road with the white lines clearly visible under the van.  As I approached I had to make a decision to either pass on the nearside or the offside of the van.  I chose the offside and as I did so, the driver was making some 'sign language' with his fingers towards me.  I decided to stop and investigate.  As I walked back to the van, the driver opened his door and almost fell out.  I could tell that he was drunk which was shortly confirmed by the smell of his breath.

The engine was still running and I quickly reached into the vehicle and removed the keys from the ignition.  The driver immediately protested but was clearly not in any state to do much else.  I then put a few metres between himself and myself and phoned the police who arrived within a few minutes.  The driver was arrested and taken away.  A second police car then arrived and I was required to give a statement after which I was warned about taking the keys from the vehicle.  Apparently it is classed as attempted theft.

In my defence, I made it clear that the driver could so easily have driven away and killed someone and I would then have to live with that knowing that I could have made a difference.  I would have been happy to have been charged and had my day in Court, however that did not happen.

Would I do the same again?  Yes most definitely but what would you do?

hubner:
I think it didn't go to court because the police knew they would not get a conviction.

Kim:
If I were brave enough to get that close, I'd probably do the same thing.

Paul:

--- Quote from: Rupert on 23 May, 2022, 02:43:32 pm ---A second police car then arrived and I was required to give a statement after which I was warned about taking the keys from the vehicle.  Apparently it is classed as attempted theft.

--- End quote ---
What rubbish. Theft of what? The keys?

Where's the "intention permanently to deprive"?

Complete cobblers.

andyoxon:

--- Quote from: Rupert on 23 May, 2022, 02:43:32 pm ---...I was required to give a statement after which I was warned about taking the keys from the vehicle.  Apparently it is classed as attempted theft.
...

--- End quote ---

Very unlikely to have gone to court, and AFAIUI & IANAL but there is in any event a common law defence of duress and necessity...


--- Quote ---   
Was the Defendant impelled to act because, as a result of what he reasonably believed the coercer had said or done, he had a good cause to fear death or serious injury?
Have the prosecution proven that a sober person of reasonable firmness, sharing the Defendant’s characteristics, would not have responded in the same way?
--- End quote ---

https://www.cps.gov.uk/legal-guidance/defences-duress-and-necessity

ETA.   Also:

From S3 Criminal Law Act 1967 (part):


--- Quote ---"A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large."
--- End quote ---

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