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Trial by Twitter: Fury at police who are naming and shame drink-drivers on internet BEFORE they are convicted


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http://www.dailymail.co.uk/news/article-2532236/Outrage-hundreds-drink-drivers-named-shamed-Twitter-BEFORE-theyve-chance-fair-trial.html

 

 

This appears to be causing quite a lot of controversy

 

 

 

Trial by Twitter: Fury at police who are naming and shame drink-drivers on internet BEFORE they are convicted

Several forces adopted new scheme this Christmas and New Year

They are Staffordshire, West Midlands, Devon and Sussex

Police publish name, age and sometimes even address of offenders

Scheme has been criticised by lawyers and local politicians

 

 

Read more: http://www.dailymail.co.uk/news/article-2532236/Outrage-hundreds-drink-drivers-named-shamed-Twitter-BEFORE-theyve-chance-fair-trial.html#ixzz2pMtnROmg

 

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I think Lincolnshire Police force are also doing this.

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Gloucester police have done the same, named and shamed but no addresses thankfully.

Its okay to state so amount have been caught but wait until after prosecution to name and shame the individuals.

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Publish them, these 'criminals' deserve no sympathy. As for the 'before being convicted' , they have been found guilty by the breath test and the judge can't change that.

 

What about the hundreds killed by drunk drivers, the law is there to protect us and **** like this should be sent to prison.

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They shouldn't even name should they. How could anyone have a fair trial ?

I don't see how publishing the fact that Joe Bloggs has been charged with drink driving is going to stop him getting a fair trial. The magistrates will have a pretty good inkling of the fact that he's been charged with drink driving anyway, given that he's standing in front of them charged with drink driving.

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As for the 'before being convicted' , they have been found guilty by the breath test and the judge can't change that..

While it's not particularly common, it's quite possible to fail a breath test and be acquitted of drink driving, eg if the breathalyser wasn't used correctly, if you can prove that you drank alcohol after getting out of the car, or if you drove because of a life or death emergency. So yes, the judge can change that.

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Sorry but even a life or death emergency won't stop the conviction. The judge may, at his discretion, not ban you or not fine you, but the conviction will go through

 

Getting off is because you had a lawyer who found a technicality, usually with the sample and how it was taken.

 

If you agree to attend a drink driving rehabilitation course , the judge may grant a 25% reduction in the period of disqualification. Repeat offenders should note that people convicted of a similar offence within the ten year period preceding the most recent crime will receive a mandatory three year minimum driving ban

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I'm sorry, but in this Country, you are innocent UNTIL proven guilty. WHATEVER any of your reasons/excuses etc, this IS the law. To post up your personal details before being found guilty could backfire with horrendous consequences.

 

Anyone convicted and having details published may well in the future get off on a technicality.

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People charged with criminal offences are identified prior to their court appearance all the time (hands up who doesn't know that Rolf Harris has been charged with a number of sexual offences).

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If any person has been named and shamed and is ultimately acquitted they may have a substantial claim for damages against the police.

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Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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West Midlands Police have the same. People are named and shamed on court lists and in the media all the time. I have 0% sympathy for a young woman, suspected to be under the influence, who was caught driving the wrong way down the M5! What of the people she could have killed? It shows to me that the police are actually catching people and if you don't want your name published then don't be an idiot. You'll still have your day in court.

 

People have been wrongly convicted for serious crimes in the past but they haven't walked away with very much to show for it even after many years in prison. I don't think they are about to be making large handouts to people who have been caught suspected of driving under the influence and have to appear in court just for being named.

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You are innocent until proven guilty in a court of law and that will remain. This is not about a trial, it's about public interest and informative matters. Would you rather everyone went nameless and no facts every reported until after any trial? A nice little mess that would lead us all to! 'Oh sorry we can't name our suspect that happens to be on the loose with several guns, knives, a hostage and pile of bodies left in their wake'.

 

Someone may have information that their neighbour, friend, pub regular..etc .. drinks all the time and drives ..they may come forward and secure a conviction on seeing that persons name.

 

After seeing what a drunk driver did to people we know and how it devastates lives then these people that are named can surely live with their name printed. At least they are alive.

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And that guilt is established by the breath/blood/urine test. If you fail that you are automatically guilty of driving over the limit and no judge or court in the land can overturn that.

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And that guilt is established by the breath/blood/urine test. If you fail that you are automatically guilty of driving over the limit and no judge or court in the land can overturn that.

 

Then why do these cases go to court?

 

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Sorry but even a life or death emergency won't stop the conviction. The judge may, at his discretion, not ban you or not fine you, but the conviction will go through

Erm, yes it would prevent a conviction. Duress of circumstances is a complete defence to practically all offences, including drink driving. See DPP v Bell (1992) where a man was acquitted after driving while over the limit in order to flee from a gang.

 

Marital coercion is another general defence which can result in a not guilty verdict (example).

 

Getting off is because you had a lawyer who found a technicality, usually with the sample and how it was taken.

"Technicality" is frequently tabloid-speak for introducing reasonable doubt as to whether the reading was accurate.

Edited by Aretnap
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If any person has been named and shamed and is ultimately acquitted they may have a substantial claim for damages against the police.

On what grounds? The fact that they've been charged is factual, and in the public domain anyway, even if they're subsequently aquitted.

Edited by Aretnap
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And that guilt is established by the breath/blood/urine test. If you fail that you are automatically guilty of driving over the limit and no judge or court in the land can overturn that.

 

For sentencing.

 

Absolute rubbish! You really should know better than spreading these lies.

 

The roadside breath test only gives reasonable suspicion that an offence has been committed and grounds to arrest.

The intoxylizer/blood/urine test only gives grounds to charge.

The courtroom is where you are asked to plead guilt or innocence. THAT is the forum for deciding guilt or innocence. Nothing is assumed beforehand regarding guilt.

 

The police may think you are guilty, they may think they have enough evidence to prove your guilt, but until the judge in a courtroom actually says "you have been found guilty of ..." you are 100% INNOCENT.

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Being charged with something doesn't make you guilty..

I know. but it does make you someone who has been charged with something, which is what the tweets say.

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If any person has been named and shamed and is ultimately acquitted they may have a substantial claim for damages against the police.

 

 

Unlikely.

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While I agree with the names being published, why stop there. Why don't they publish the names of every one who they arrest or will they be too busy paying compensation?

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