Police said "he has right to refuse alcohol breath test", claims witness to horrific dragging of security guard

[Just Weird]

2 hours ago, Lowryderen said:

If a breath test is refused, then a blood test should be mandatory, taken as soon as possible in the nearest hospital/clinic/police station/doctors office or even on the spot.. Otherwise its just moot to even have the breath tester.

Giving a blood sample is voluntary also, it cannot be forced.  Nothing is "moot" about this, he will be charged with drink driving for refusing to be tested.

[Just Weird]

1 hour ago, Juan B Tong said:

Hey !  He is special !

Rules of humanity do not apply.

Thankfully there are no Rules of Humanity.

[JusticeGB]

Obviously a large brown envelope helped! 

[Just Weird]

1 hour ago, colinneil said:

He had the right not to be breath tested???

Is that some kind of joke?

Joe public is not given the right to refuse, so why has this prick been allowed to refuse?

Joe Public also has the right to be the same sort of prick.

[Just Weird]

53 minutes ago, richard_smith237 said:

 

Laws like this don't exist. When someone refuses a breath test, they also assume guilt in being over the legal driving limit. 

 

In this case the BiB should also be charged for not performing the duties. 

 

Of course, 'should' is a much used word in cases such as this in Thailand where the law is clear and enforcement is vague in the extreme to the point of deliberate negligence when those in positions of power can hold influence over the very same people attempting to police them. 

 

The whole tragic situation is a blight on Thai culture and a black mark against Thailand. 

"In this case the BiB should also be charged for not performing the duties".

 

Nonsense. The police cannot force a breath/blood test on anyone against that person's will so they were not derelict in their duty in any way.

[metisdead]

An off topic post has been removed as well as a reply. 

[4MyEgo]

1 hour ago, giddyup said:

This doctor is going to pay hush money to the family of the security guard, possibly a fine, and that will be the end of it. There is no way he will spend one day in jail. TIT.

I think that as the security guard has had two brain surgeries, it is more than likely he will pass, if that is the case, then one would hope the Doc does time, but highly unlikely in Hi So, after he is a doctor who saves lives.

[coulson]

Yes he does, then they can do intravenous blood sample. If he refuses that he also has the right to remain silent.

[impulse]

43 minutes ago, Just Weird said:

Everyone has exactly the same right to refuse, a right that also guarantees a charge of drink driving.

 

There are no guarantees in the Thai justice system once the envelopes start exchanging hands and the phones start ringing to influential friends and family.

 

Edited November 14, 2017 by impulse

[wavemanwww]

Come on guys With a death road toll of 24,000 plus a year and 1 million permanently maimed and as read in todays news  heading for No.1 in the world Thailand needs all the Drs they can get Sober or not! <deleted>

Edited November 14, 2017 by metisdead
Profane acronym removed.

[colinneil]

36 minutes ago, Just Weird said:

Joe Public also has the right to be the same sort of prick.

Well just to prove your point, you get pissed drive get stopped, then refuse a breath test see how you get on.

If you ask nice i will visit you in the cells.

[lamyai3]

Other news sources are reporting this slightly differently:

 

Police said Dr Yorn Jiranakhon refused to submit to the alcohol test, therefore under the law, he was considered drink driving and will be charged with driving under the influence of alcohol, in addition to reckless driving that resulted in serious injury to other.

[Lucky mike]

I agree that you should not have to take test....just go straight to gaol do not pass go !

[lvr181]

A drug and/or alcohol test of a driver/rider at the scene of a 'crash' should be mandatory as a part of the investigative process. Drugs, alcohol or darkness maybe a reason BUT IT IS NOT AN EXCUSE!

 

Unfortunately if you are 'famous' (and I use that word lightly) then it seems you have a right to be exempt! If the Dr could not see because it was dark then he has no right to be driving! He was at that time not competent to drive, for possibly, any number of reasons!

 

Oxygen thief. Hope karma catches up with him soon.

[Knocker33]

So if I am stopped and told to take a breath test I can refuse .Yeah right I can just imagine the the response

[connda]

4 hours ago, ezzra said:

Yes he dose, but the law says that anyone who refuses breath test

deemed to be over the limit of alcohol per letter of breath and 

thus liable for prosecution....

Depends who he pays in order to make sure that no one accuses him of being 'deemed to be over the limit' which here in Thailand seems to be quite an easy task for connected HiSos.  

[observer90210]

Sorry, I'm a bit stupid....is the right to refuse a breath test valid only for Thais ? only for influental Thais ? or also for farang expats ?

[mlmcleod]

I think this is very serious!  I am sure a 500 baht fine will suffice!

Edited November 14, 2017 by metisdead
Bold font removed.

[giddyup]

8 minutes ago, observer90210 said:

Sorry, I'm a bit stupid....is the right to refuse a breath test valid only for Thais ? only for influental Thais ? or also for farang expats ?

I believe it is a legal right to refuse a breath test in any country that has drink driving penalties. However, that normally results in automatically being charged with drink driving (DUI).

Edited November 14, 2017 by giddyup

[wwest5829]

5 hours ago, trogers said:

Ahhh... all are equal under the Law. Just that some are more equal.

 

Welcome to Thailand!

True but not limited to Thailand. Money talks, nobody walks.

[JRUSA]

2 hours ago, Just Weird said:

"In this case the BiB should also be charged for not performing the duties".

 

Nonsense. The police cannot force a breath/blood test on anyone against that person's will so they were not derelict in their duty in any way.

Not sure if anyone saw this story back in the US. There was an accident involving a car and a big truck.. the car was obviously at fault. The truck driver victim, was at the hospital and unconscious. A police officer arrived and demanded a blood test on the victim. The head nurse refused. She was then manhandled by the officer and arrested. In the end the officer was fired and the nurse a heroine for standing her ground..

[rosst]

3 hours ago, giddyup said:

This doctor is going to pay hush money to the family of the security guard, possibly a fine, and that will be the end of it. There is no way he will spend one day in jail. TIT.

This may be correct but it is a real slap in the face for justice, disgusting. 

[giddyup]

Just now, rosst said:

This may be correct but it is a real slap in the face for justice, disgusting. 

If you want real justice, you aren't going to find it in Thailand.

[retarius]

I wonder if poster remember recently a video that went viral of a nurse in Utah that was arrested with obstruction of justice for not taking a blood sample of an unconscious truck driver. She was later exonerated because the hospital has a rule (agreed with local police) that prohibits staff taking blood without informed consent.

[giddyup]

5 minutes ago, retarius said:

I wonder if poster remember recently a video that went viral of a nurse in Utah that was arrested with obstruction of justice for not taking a blood sample of an unconscious truck driver. She was later exonerated because the hospital has a rule (agreed with local police) that prohibits staff taking blood without informed consent.

See post #51 (3 up).

[kingkenny]

3 hours ago, balo said:

I can't find his name after a google search. His name must have been misspelled. I don't want him near any big hospital.

Really? I googled him last night and got information on him, including his position in a ministry 

[balo]

43 minutes ago, kingkenny said:

Really? I googled him last night and got information on him, including his position in a ministry 

Then please enlighten us  , I got 3 hits on google , only from this news. 

 

[balo]

2 hours ago, observer90210 said:

orry, I'm a bit stupid....is the right to refuse a breath test valid only for Thais ? only for influental Thais ? or also for farang expats ?

 

If your name is Justin Bieber they will make an exception for you. 

[stephen tracy]

6 hours ago, stanleycoin said:

Does it make any difference to the crime ?

Put the dirty dog down for 10 years or more.

Let the family have him for a few minutes first.

 

Where is the picture of this lovely doctor ?

 

 

There's a pic of him in the BKK Post online.

[djayz]

Maybe he had to pop down to the nearest ATM to make a "withdrawal"... so no need to do a breath test.