Being accused of alcohol consumption without even seeing any policeman

[Phil flazt]

Here goes my absurd story...

The last week I was driving my motorbike and suddenly I slide because of the state of the road. I fell off and suffered some minor injuries, nothing serious.

Now when I went to pick up my motorbike the police is telling me that I was drunk. Apparently the people that helped me said that I smelled of alcohol, the ambulance staff said the same and also the doctor at the hospital. The thing is that I didn’t saw any policeman and nobody did any alcohol test on me. Can they make me pay a fine just based on what people said?

[from the home of CC]

I hope so..

[worgeordie]

So it was the state of the road....you had not been drinking.

is that what you are saying ?, no smell of alcohol on you ?

regards worgeordie

[mngmn]

Policemen, ambulance staff and doctor at the hospital? Gonna be expensive this one.

[SammyT]

Occams razor - "simpler solutions are more likely to be correct than complex ones." When presented with competing hypotheses to solve a problem, one should select the solution with the fewest assumptions.

The fact that you probably were drunk when you crashed relies on far fewer assumptions than assuming that all those other people lied, just to get you in trouble. Particularly the ambos and the doctor. 

[Phil flazt]

Sure I was a bit drunk... I just wanted to know if this is normal in this country because in Europe without a proper test nobody can confirm I was drunk enough to not being able to drive.

[richard_smith237]

OK - firstly you were riding while drunk....  you know what opinions come next, no point beating a broken drum... 

 

No, you cannot be fined for being under the influence of Alcohol - there is no proof.

No one took any tests, and unless a Dr. is ready to sign something that suggests you were under the influence of alcohol there is nothing which can be used against you. 

 

So.. when you go to pick up your motorcycle, if the Police are telling you that you were drunk, just tell them you weren't. 

 

Of course, they have your motorbike in custody, so this really is just a shakedown, they've had to do a little work and they expect some form of payment from you. They can't prove drinking, so unless you admit it and pay a fine you are in a catch 22 situation... Perhaps take a different angle, tell them you were not drunk, but ask them how much the recovery and storage cost is for the bike....  IF it starts to get silly and they are expecting 1000's (baht) it'd be time to walk away and bring along a 'respected Thai' with you.

 

It goes without saying but I'll say it anyway. Remain confident and stay calm throughout, this is just a game. 

 

And... don't drink and ride again... people kill themselves and others being stupid, don't you add to the stats. 

 

[Thaidream]

9 minutes ago, Phil flazt said:

Sure I was a bit drunk... I just wanted to know if this is normal in this country because in Europe without a proper test nobody can confirm I was drunk enough to not being able to drive.

Without a breath test or blood test it is hearsay. However, this is Thailand and the police often use  their position to act beyond the law.  Have the police named a price?   Have they or anyone made a formal complaint.  If you pay- make sure there is no formal record of a complaint.

[Sealbash]

In some countries the law officers have the right to charge a driver with “impaired” driving, with penalties similar to driving under the influence of alcohol. People also have the right to refuse an alcohol test. It is the officers opinion then to give the impaired driving charge. End result is similar with loss of driving privileges, financial penalties, etc.

I do not know if Thailand has similar laws.

 

 

Sent from my iPad using Thaivisa Connect

 

[richard_smith237]

8 minutes ago, Sealbash said:

In some countries the law officers have the right to charge a driver with “impaired” driving, with penalties similar to driving under the influence of alcohol. People also have the right to refuse an alcohol test. It is the officers opinion then to give the impaired driving charge. End result is similar with loss of driving privileges, financial penalties, etc.

I do not know if Thailand has similar laws.

 

 

Sent from my iPad using Thaivisa Connect

 

I think in Thailand if you refuse to take a breathalyzer you can be arrested / detained and taken to the Police Station for further processing / charges. 

 

However, in this case, the Op did not refuse any tests, he didn't not have any contact with the police. It appears that the Police are attempting to 'fine' him for drink driving (riding), but they have no proof.  

Theoretically, they could charge the OP with DUI and arrest him. The Op would have to pay bail (20,000 baht), then await a court hearing, where without proof the charge is likely to get thrown out and the bail fully returned. 

 

Thus, the Police have no legal basis... all they are doing is attempting to extort the Op for the return of his motorcycle. 

 

 

 

 

[BenBen23]

Any advice on how to deal with the issue? What should he try to do to get his bike back?

[Kwasaki]

1 hour ago, Phil flazt said:

Sure I was a bit drunk... I just wanted to know if this is normal in this country because in Europe without a proper test nobody can confirm I was drunk enough to not being able to drive.

Just pay the fine your not in Europe, why don't you think yourself lucky and didn't get breathalyzes at time In Thailand alcohol in blood is less than most countries in UK say I believe.

[KMartinHandyman]

Yes your opening story that you fell off because of the condition of the road while later admitting you were a bit drunk is pretty absurd. Just let them keep the bike it’ll be cheaper and safer for everyone.

[richard_smith237]

3 hours ago, Kwasaki said:

Just pay the fine your not in Europe, why don't you think yourself lucky and didn't get breathalyzes at time In Thailand alcohol in blood is less than most countries in UK say I believe.

Because he doesn't want to pay a high amount as what basically amounts to the Police extorting him to get his bike back... 

 

If its just a 1000baht storage fee then fair enough... but if the BiB are trumping up a charge. 

Has the Op even been charged with anything, or are the Police just threatening the Op with a charge they are unable to substantiate?

 

[jvs]

Does the op have a license?Valid insurance?If not can be fined for that also?

[Kwasaki]

12 hours ago, richard_smith237 said:

Because he doesn't want to pay a high amount as what basically amounts to the Police extorting him to get his bike back... 

 

If its just a 1000baht storage fee then fair enough... but if the BiB are trumping up a charge. 

Has the Op even been charged with anything, or are the Police just threatening the Op with a charge they are unable to substantiate?

 

Yes but how much do police want in a fine ?? would be my question.

If the motorbike it worth it pay it if it's more than the motorbike is worth don't pay it.

 

OP asked " Can they make me pay a fine just based on what people said ? "  my answer in a case involving Thai police is " Yes " right or wrong.

 

The OP has options but all costly, maybe a way out is OP should ask the police to make statement on the accident stating he had been drinking but believed he was under the legal limit. ????