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Old 9th October 2004 | 22:46
  #47 (permalink)  
niknak
niknak
 
Joined: Dec 2001
Posts: 2,335
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From: UK
BJCC

Refering to your most recent reply, hasn't it always been the case that a breath test can only be carried out by a uniformed police officer, which is precisely why the Government included the appropriate paragraph in the legislation?

We were discussing this case at work this morning, and we all agreed that none of us would consent to take a breath test if asked to do so by our employer, but would do so if a uniformed police officer asked us to.

Other than the requirements of the current legislation, our employer has no rights to insist on any other test than that which is prescribed by a legally entitled person, (i.e uniformed police officer), to do so would place them in a very precarious position in respect of being taken to the cleaners if they were wrong.
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