Arrested For Minor Motorbike Accident, Tested Over The Limit For Drink Driving

[lambous]

Last night, after a few beers I was riding my motorcycle home down a narrow soi in Sriracha with my Filipino teacher mate on the back, as I overtook another motorcycle the Thai guy riding it attempted to turn right without indicating and crashed into me. It was not at high speed and there was absolutely no damage to either vehicle. As soon as it happenned everyone rushed out from from their shops and grabbed our motorcycle. The vehicle I was riding actually belonged to my mate on the back but I was riding it cause I thought he was far too drunk. As Thai people tend to do in this situation they attempted to extort money from us despite the fact that no one was hurt and there was no damage.

We refused so they called the police, to further prove how dishonest these people were the people from the shops told the police that the Filipino was driving instead of me. The police were about to handcuff my mate untill I screamed that it was me who was driving and to leave him alone, funnily enough they didn't want to handcuff me, they jsut told me to get in to the car. We were taken to the police station while the Thai guy and his Aunt who was on the back of his bike were taken to the hospital for a small cut on her ankle. They arrived at the police station with a hospital bill of 250 baht and a medical certificate claiming that she couldn't work for one day.

So the negotiantions began...She claimed that she earnt 300 baht per day and wouldn't be able to work for 10 days and wanted to be reimbursed for it. Depite believing I didn't cause the accident I agreed to pay 600 baht despite their dishonesty citing the fact that her certificate claimed that she was unable to work for just the one day which was already an exaggeration.. The police said they were satisfied and that would be it. We were taken down stairs for senior police officer to fill out the report who repatedly referred to me as "Farang Kee Nok" for only paying 600 Baht. Bear in mind that all conversations were in Thai as I speak the language fluently. They then let the Thai guy and his aunt go home but not me, they told me that this story is sorted but now its round 2....I told them I had no more money and they said don't worry you don't have to pay anymore money, which I found strange.

I had already been breath tested in the station and my blood alcohol reading was 0.127. They also told me that I was driving illegally with just my Australian drivers licence. So they sat me down and explained I would be detained and had to attend court the following morning..I brought up the fact that they had told me I wouldn't have to pay anymore money and he said "yes no more money to the police, but you will have to pay the court " I asked "How much?" They told me 4000 Baht, and I asked, and..If I can't pay? They replied "Jail time worth 200 Baht per day"

I offerred him 1000 baht to forget about it, he said that he doesn't take bribes, so then I asked how much he wanted and he said "4000" I offerred him "2000" but he was having none of it so he locked me up and said "Sorry, I tried to help you but you didn't accept" At 7:30am the next morning he came to my cell woke me up and said we were going to court now but we would have to stop at my apartment to get my passport. The building owner was at my apartment and the police explained what was going on and asked the owner if somebody could represent me...he callled my boss from the school where I work. She had a meeting with the police while I sat outside and my boss told me to pay 4000 Baht and all would be forgotton, she insisted that she didn't want this to go further as I could face jail or deportation, so I paid her and she paid the cops.

Do you guys think I was lucky to get away with just 4,000 Baht or do you think I would have been better off going to court?

[rimbung]

I am sorry to say it appears you were in the wrong. You admit you had a few beers as did your friend. You overtook a motorbike which was turning right. You got away lightly compared to Australia. 4000 baht is not a lot. Farang Ki Nok is correct.

Put it down to experience. I would not want a night in a police cell for 10k

[submaniac]

My take on it is that if you are alive, then you got out alright. Whenever you have a bad day just think about that thought, cause no matter how bad it is, it could really be worse. I also will add I really do not like drunk drivers, in cars or on bikes. But, given Thai breathalizer technology and police corruption, I really do not know whether you were actually drunk or not, so I will give you the benefit of the doubt on this one. So I don't know if you were arrested for driving drunk, or driving while being a Farang.

In any event, you could have gotten alot WORST than 4,000 baht. Did you have an international driver's permit? Or just the Australian license. If just the Australian license, hate to break it to you, but yeah the cops were right and you were driving illegally. And whether you were driving drunk or not, if the cops SAID you were and you go to court, you would have a tough time fighting it, whether you are guilty or not. I mean your in Thailand, and they do not cut farangs much slack in the courts. And IF you had been convicted, what would have happened next? Criminal record? Would you have lost your job? Would you have had to leave the country? 4,000 baht? Well you get to keep your job, your home, etc. It's kind of the cost of doing business.

And I apologize if I am coming off hard against you or anything like that (I am trying not to) and I am not against you. From what you described, I believed you were in the right. I see other driver's doing similar stupid stuff all the time, and I can see how it could happen to you. And I also believe if you had been Thai you would have had better treatment. But you are farang, and the chips are stacked against you from the get go. So to answer your question "no" I do not think that you would have done better in court. With the cops (and most likely witnesses) against you, you would have probably lost.

Edited February 13, 2008 by submaniac

[RueFang]

What a night! I have no experience with Thai courts so I'm not sure how much that would have cost you but I can tell you that they weren't just trying to rip off the 'rich' farang. A motorbike accident happened just outside my place last week with a couple of locals. Both bikes were minimally damaged (less then 600 baht damage) but the guy who was not at fault wanted the guy who crashed into him to buy him a new bike as he said it was too damaged to ride now! The guy obviously refused to pay for a new bike so the cops were called, they all went off to the station and an hour later it's decided that the guy at fault pays for repairs, end of story as no one was hurt. People just try to take advantage of the situation no matter who it is. It's unfortunate about the police corruption but it's a well established fact of police in this country and something we all have to live with..they like to assert their power and there's not much you can do about it. By paying you probably saved yourself future troubles.

[Maigo6]

Let's see........

You had been drinking till you exceeded the drink drive limit, you crash into a motorcycle, injure a woman, and you have no Thai driving License !

You paid 4000 Baht, what do you think ?

In UK you would be in deep problems, as no doubt you would in Australia.

Then you complain about dishonest Thai people................lol.

You should have gone to court, been fined, jailed and deported.

[Neeranam]

Firstly, you should have offered the vicims there and then without involving the police - 500 baht or so. Maybe you are 'farang kee nok'.

Why didn't you contact your insurance? Did you have a helmet?

I'd say you got screwed but then again for a farang in that area it's normal to get screwed.

If you'd gone to court, you probably wouldn't have got deported or lost your job but have been fined less than 4000.

What would have happened in your home country? What makes you think you can get away with it here?

[britmaveric]

Should have just paid 3000bht and been 1000bht more in the pocket, especially since u were drink driving.

[Governor]

Unfortunately this is a regular occurrence in Thailand, though it gripes me that the police all seem to be on the take.

I was driving in Hua Hin and reversing into a parking spot, a "helpful policeman" jumped off his bike and started giving me directions by waving me back with his torch, I was so niave then. I then touched the bumper of the car behind me, though the nice policeman was still waving me back, he then started blowing his whistle, how the Thai boys love their whistles, and pointing to the guy in the car behind me to come out to inspect the damage. This, Thai, guy was not in the least bit interested, the policeman was not happy.

In your case I think it is totally wrong but the odds were stacked against you, starting with the drinking.

Ok, you are 4,000 Baht worse off, not a lot really, and you are ok, put it down to experience.

[sriracha john]

When are you leaving Sriracha?

Edited February 13, 2008 by sriracha john

[lambous]

To answer all of your questions....I don't believe I am right for drink driving, I just wanted to see what people thought about the punishment I received. When I asked the police why they aren't down the road arresting everyone leaving the pub drunk on motorcycles, his response was..."no problem unless you crash" No, I wasn't wearing a helmet. I hope to leave Sriracha as soon as I can find a new job. Now, I know I should have paid the Thai bloke off (hard for me to believe that he can be referred to as a victim) and his Aunt but at the time I didn't feel I was in the wrong or over the limit. I have been in Thailand long enough to know that I will not be treated the same as a Thai. Like I said, I jsut wanted to know people's thoughts on the punishment I received.

Edited February 13, 2008 by lambous

[asiaworld]

I am sorry to say it appears you were in the wrong. You admit you had a few beers as did your friend. You overtook a motorbike which was turning right. You got away lightly compared to Australia. 4000 baht is not a lot. Farang Ki Nok is correct.

Put it down to experience. I would not want a night in a police cell for 10k

UN fricken credible !! No wonder thais feel free to have a go at "farang" anyway they please .. Not to mention the lack of mutual support , you guys would seem happy to drown one of your own given a chance .. i mean c'mon , go out on the street & have a look how they ride ! Unless you're in Oz.. The guy was probably turning right, from the left lane without any indicators,

don't see how else, he'd manage to overtake him from the right ! Yeah, in Oz both of them would be in trouble !! U know i seldomly have a kind word to say to bike riders, but this is just a clear case of extortion & lack of justice !>> Darn>> Official thai fine for Driving Without ANY DLicence IS 400 BAHT ! That, what any thai would get ! > So what did OP got..

[asiaworld]

just think from this thread.. you go out on the street, get hit by a bike , next thing you'll know is getting in OP's position

last time i check, there's fine for jaywalking as well ! So who'll be keenok than

i dont advocate the OP, the thread is NOT about him being right,or not drunk or sober>> But about what may befall any of us here in the wrong place , wrong time

[pattyboy]

You've admitted to driving with a blood alcohol reading of 0.127, so I think you're pretty lucky to be getting off with a 4,000 baht fine. I'm sure you're aware that punishment in other places is much worse. For example, in Canada, here's what happens:

The minimum punishments for impaired driving or driving over 0.08% are:

* For the first offense: $600 fine, 1-year driving prohibition; or jail time

* For the second offense: 14 days jail, 2-year driving prohibition

* For the third or subsequent offense: 90 days jail, 3-year driving prohibition.

In Ontario, a person convicted of a DUI must also complete an 8 month training course and install an ignition interlock device for a period of one year after the license suspension.

Jail time can be imposed for any first time Criminal Code drinking and driving offence. Jail is appropriate where there is an accident and/or the readings are high. Readings above 160 mg/100mLs (0.160)are an aggravating circumstance .[6] Jail is the minimum punishment for second and third offenses.

On top of all this, your auto insurance payments will double for the next 7 years (assuming you don't get charged again during that period. If you do, you might have to mortgage your house to be able to afford insurance).

I hope you don't interpret this as being preachy. I just wanted to add some perspective to the situation.

[sriracha john]

I hope to leave Sriracha as soon as I can find a new job.

Good. Thank you. Bye.

[lambous]

I hope to leave Sriracha as soon as I can find a new job.

Good. Thank you. Bye.

Yes, very good. Sriracha is a shithole. Was offered the job while being abroad and had never heard of the place. Big mistake moving here. I'm not gonna take any comments seriously that are made by anyone who choses to add "Sriracha" to a name that they use on a forum. I can't see how living in Sriracha is something to be proud of and I can't see how your comment made a positive contribution to this thread.

[pnustedt]

When drunk your reactions are slower and you are less able to take avoiding action in case of an emergency - like avoiding a motorcycle turning in front of you. Therefore the accident is your fault. You also broke the law by not wearing a helmet or having a valid driving licence.

You got off very lightly indeed and you should now try to make amends to the Thai person/people you injured. I would expect a teacher to show a more responsible attitude.

[sriracha john]

I hope to leave Sriracha as soon as I can find a new job.

Good. Thank you. Bye.

Yes, very good. Sriracha is a shithole. Was offered the job while being abroad and had never heard of the place. Big mistake moving here. I'm not gonna take any comments seriously that are made by anyone who choses to add "Sriracha" to a name that they use on a forum. I can't see how living in Sriracha is something to be proud of and I can't see how your comment made a positive contribution to this thread.

You're right. Sriracha is terrible. No one should move here.

[Beardog]

I would have dropped the 4000 baht + the extortion money earlier mentioned in a heartbeat!

Pretty cheap with little to no repercussions. To think how Jacked you would have gotten in the U.S. first the bikes damage (do you have insurance) then the medical neck & back lawsuit to go with it & the mandantory jail sentence pending on how many Dui's or 502's on your record....was there drugs involved. You got off cheap should have paid up & been on your way!

Almost mad the same mistake in Mexico- Only I wasn't drunk & when they said gringo drunk I told them I hadn't been drinking

& oddly enough it was my turn to be the sane driver in Tiajuana. The cop noticed I was chewing gum so right away him & his partner looked into the ashtray to see if i had been smoking the wacky Tobbaky- only to find a bone dry clean ash tray with a gum wrapper in it. I again told them I would submit to any test where at that point they jerked me from the drivers seat & roughly smashed my face to the roof & declared Gringo Drunk. I was then put in the Tiajuana Taxi on my way to the pokey , when rob (the owner of the truck) offered in Spanish 40.00 U.S & told them I was new to their country & apologized & he sent us on our way sigh: thank God for Robs being a good bullshitter & speaking Spanish.

Jail is no fun especially in a foreign country !

[kankaroo]

Scum like you should be locked up until your teeth rot, then deported out of Thailand in the hold of a nuclear waste tanker ! Only joking mate you had an unfortunate night but it turned out OK in the end, live to fight another day and all that.

[0Mix1up]

Why are people quoting laws here and laws there?

It happened in......let me see......ah yes he said Thailand.

Was the Thai driver drunk? wearing a helmet? have a license/rego?

Was he screwed over? Yes

Stick to the op's thread/question

[neion2000]

To answer all of your questions....I don't believe I am right for drink driving, I just wanted to see what people thought about the punishment I received. When I asked the police why they aren't down the road arresting everyone leaving the pub drunk on motorcycles, his response was..."no problem unless you crash" No, I wasn't wearing a helmet. I hope to leave Sriracha as soon as I can find a new job. Now, I know I should have paid the Thai bloke off (hard for me to believe that he can be referred to as a victim) and his Aunt but at the time I didn't feel I was in the wrong or over the limit. I have been in Thailand long enough to know that I will not be treated the same as a Thai. Like I said, I jsut wanted to know people's thoughts on the punishment I received.

I think you made out like a bandit... I really just wanted to say that response you got "no problem, unless your crash" is harlarious.. and so true..

Edited February 13, 2008 by neion2000

[lambous]

When drunk your reactions are slower and you are less able to take avoiding action in case of an emergency - like avoiding a motorcycle turning in front of you. Therefore the accident is your fault. You also broke the law by not wearing a helmet or having a valid driving licence.

You got off very lightly indeed and you should now try to make amends to the Thai person/people you injured. I would expect a teacher to show a more responsible attitude.

The motorcycle turned into me, not in front of me. After the crash, my vehicle was situated in front of his to prove that this was the case. I don't know whether he was drunk or not, he wasn't tested in my presence, I'm not sure whether he was tested at all. He wasn't wearing a helmet and I do not know if he was carrying a licence. As for making amends to the Thai person who was injured. They got 600 baht already. There was nothing more than a small cut on her ankle, there was no damage to either vehicle. They tried to profit out of the situation rather than be compensated. I don't make a habit of drink driving, I don't even own my own vehicle. I rode my friends bike home because we both agreed that it would be safer due to his level of intoxication. I also agree with the PP about comparing laws and consequences in other countries. We are in Thailand where the law is not enforced consistantly. I doubt that you would be deported from most western countires for a 1st time DUI offence. Sorry for not making it clear but the whole main point of my OP, was to find out whether I came out of the the situation well compared to others in this country. From the feedback received so far, it seems that I have which makes me feel a little bit better about what happenned.

[stevemiddie]

You came out of it well.

Drinking........Aussie license only so insurance ( if you have any ) is invalid too. You would have got crucified back in the UK.

Count your blessings the injuries to the parties were not more serious.

[slapout]

If you want to compare costs of tickets for drunk driving here vs outside Thailand along with costs of hamburgers, beer, whiskey. women, divorce etc you are pi..ing up wind. This is the LOS and lets put costs into the proper perspective, the fellow got off with a decent fine and costs, for Thailand. This is Thai Visa and I get tired of hearing about the the real world ( I myself even mention this on occasion), but I try not to compare laws, police, traffic, politicians etc except in what I consider unusual conditions. I will retire for my afternoon nap now, thank you. Kankaroo put it into the right light

[marshbags]

When drunk your reactions are slower and you are less able to take avoiding action in case of an emergency - like avoiding a motorcycle turning in front of you. Therefore the accident is your fault. You also broke the law by not wearing a helmet or having a valid driving licence.

You got off very lightly indeed and you should now try to make amends to the Thai person/people you injured. I would expect a teacher to show a more responsible attitude.

The motorcycle turned into me, not in front of me. After the crash, my vehicle was situated in front of his to prove that this was the case. I don't know whether he was drunk or not, he wasn't tested in my presence, I'm not sure whether he was tested at all. He wasn't wearing a helmet and I do not know if he was carrying a licence. As for making amends to the Thai person who was injured. They got 600 baht already. There was nothing more than a small cut on her ankle, there was no damage to either vehicle. They tried to profit out of the situation rather than be compensated. I don't make a habit of drink driving, I don't even own my own vehicle. I rode my friends bike home because we both agreed that it would be safer due to his level of intoxication. I also agree with the PP about comparing laws and consequences in other countries. We are in Thailand where the law is not enforced consistantly. I doubt that you would be deported from most western countires for a 1st time DUI offence. Sorry for not making it clear but the whole main point of my OP, was to find out whether I came out of the the situation well compared to others in this country. From the feedback received so far, it seems that I have which makes me feel a little bit better about what happenned.

Brief C.V. re membership.

Registered on T.Visa since April 2004 and made 304 posts....advanced member.

Obviously you should know better going by the above.

By your own admission you had a few beers ?????

Why drive when you have had x amount of beers when you must know full well it impairs your judgement ect. ect.

I would hope this would be a learning experience regarding what can happen and add that it could have been far worse scenario and human life could have been a casualty.

Thank god it wasn,t, but please take it on board and get a taxi, should you have a drink or three, they are very cheap and this in turn keeps you out of harms reach of all of us.

I would assume you are aware of Thai culture and it,s laws and although they favour the locals, you come from a country where drink laws are strictly enforced for a multitude of reasons and we are all educated in respect of the proven consequences of drink driving.

No excuses.

You,ve got some cheek posting this and expecting members to respond favourably towards you.

I reckon you were very lucky indeed to get off with a 4k penalty.

You could have been facing charges relating to serious injury and death in other potential accidents, through drink impairment.

Your insurance, should you have had any would have been invalid and you could have been facing bills well in access of a million baht as a starter figure to cover medical expenses ect. ect. ect and much, much more in other claims.

As for the cost in human terms, who knows.

Drinking and driving is totally inexcusable for everybody and there has to be zero tolerance as far as farang are concerned among ourselves and no one should think otherwise.

Stick to the taxis for all our sakes

marshbags and at no brainers like you yourself have been on this occasion

I suspect also, you are being economical with the truth relating to the incident, or possibly cannot remember due to !!!!!!

Not a lecture, more of a polite bollocking and a few home truths

Edited February 13, 2008 by marshbags

[TheDon]

few beers? when I say ive had a few beers it can mean anywhere between 4 or 10

[Lithobid]

Well, I'd have to say you were lucky, and fortunate. Did you get ripped off, yes, but this is Thailand, it helps not to get upset about those things.

I was recently in an accident where I hit a motorbike with my car, dead sober in the morning. I rushed out and helped the guy as much as I could and after insurance showed up, and openly admiting it was my fault, I gave the guy 1000BHT. He still came back and demanded more money in a week. I went to the police station and worked out another 1000BHT for him to finish the deal.

Bottom line, this ain't your country, and you were at fault. You might be crying that there's no justice in having to pay 4000BHT, but if there were justice think of where you would be......back down under.

Possibly could have paid less, but you should have not involved the police, and paid the injured woman at the scene, and then some. If you think the Thai's are decietful, and dirty in their legal ways, remember you're the one drunk, without a license, and performing an illegal traffic manuvers.

[lambous]

I suspect also, you are being economical with the truth relating to the incident, or possibly cannot remember due to !!!!!!

Why would I bother twisting the truth on an internet forum? I don't have anything to lose. I wanted real reactions to what REALLY happenned.

Edited February 13, 2008 by lambous

[howtoescape]

Thing is even if he had a helmet, wasnt drinking, had an international licence and if the accident wasnt his fault, it would still have been his fault in the eyes of the Thais and he would have ended up paying something.

[pnustedt]

Thing is even if he had a helmet, wasnt drinking, had an international licence and if the accident wasnt his fault, it would still have been his fault in the eyes of the Thais and he would have ended up paying something.

On what basis do you make such a statement? I know western people who have been involved in accidents where the fault was clearly with the Thai and this statement is not the case.