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Question as to per endures.

Gazpilot

New member
Guys,

my my partner is a PCSO, she arrived at work today and spoke briefly to her colleagues. 2 other PCSO's who have taken issue with her in the past reported her to the traffic police for smelling of alcohol.

Traffic called her up and visited her at the police station where she was working, after cautioning her they made her take a breath test with no explanation as to why, only that she would be arrested if she didn't. she hadn't been drinking and the test came back as no alcohol detected.

Ate re that allowed to do this, they didn't mention drink driving or anything and she said she only complied as she was in shock.

Regards, Grant
 

Michael Lyon

Road Traffic Solicitor (Scotland)
Dear Grant

The Road Traffic Act 1988, s.6(3), grants powers to administer preliminary breath tests in circumstances where it is suspected that a person has driven (or has attempted to drive) whilst having alcohol in their system. It is not clear from your question whether there was any suspicion that your partner had driven to work although, in simple terms, if a report was received that your partner had driven to work and was under the influence of alcohol, then the Police are perfectly within their rights to require a preliminary test.

I cannot provide any comment if the test was administered arising out of concerns that your partner was under the influence of alcohol whilst on duty. This test would not be covered by the road traffic legislation and therefore outwith my area of expertise.
 
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