Drink/drive convictions

Report: 10
Date: 12 January 2006
By: Commissioner

Summary

This report gives a summary of 11 discipline cases involving drink drive convictions between 1 March 2005 and 16 December 2005. Summaries of the cases are attached at Appendix 1.Additionally, at the request of the Professional Standards and Complaints Committee (PSCC), the report provides more detailed information in relation to two recent Assistant Commissioner Review decisions where the sanction of requirement to resign in both cases was reduced on appeal to a fine.

A. Recommendations

That the report be received.

B. Supporting information

1. The list of drink drive cases dealt with by the Metropolitan Police Misconduct Boards from 1 March 2005 through to 16 December 2005, are listed at Appendix 1.

2. These include information on their respective convictions at Magistrates Court as well as their punishment on the Misconduct Boards, and any subsequent appeals. All alcohol readings are shown in microgram’s in 100 millilitres of breath with the legal limit being 35.

3. Sanctions at Misconduct Board were as follow:

4. Sanctions at Chief Officer’s Review (Assistant Commissioner - AC) were as follows:

5. Sanctions at Police Appeals Tribunal were as follow:

Case analysis

6. Additional information requested in relation to two cases where Chief Officer’s Review varied the sanction from requirement to resign to a fine.

Case 1

7. This case relates to an Officer who drove his vehicle off duty and was involved in a damage only accident. Police were called to the scene and the officer identified himself as being involved in the accident. He provided a positive roadside test and was arrested. Due to mechanical failure in the breath testing device at the police station, the officer elected to provide blood which when analysed was found to contain 209 milligrammes of alcohol in 100 millitres of blood. This equates to a reading of 91/100 millilitres of breath.

8. The officer was convicted at court having pleaded guilty. He was sentenced to a period of disqualification for 24 months, fined £350 and ordered to pay £55 costs.

9. The officer appeared before a misconduct board who considered that the high reading and the accident were aggravating factors and whilst taking into account the exceptional qualities of the officer, considered that the appropriate sanction was a ‘requirement to resign’.

10. The officer appealed arguing a finely balanced decision and that the panel should have made a judgement in his favour given his exceptional character and career.

11. The Assistant Commissioner discounted the road Traffic Accident (RTA) as an aggravating factor on the basis that it was a minor damage only accident and that the Officer remained at the scene and co-operated with police on their arrival.

12. The Assistant Commissioner agreed that the high reading was an aggravating factor but thought that the distinguished career of 22 years where the Officer was described as an exceptional officer who has constantly performed at the highest standards were significant mitigating factors.

13. Accordingly the Assistant Commissioner allowed the appeal against sanction and varied the ‘requirement to resign’ to a fine of 10 days pay (£907.19).

Case 2

14. The second case relates to an off duty police officer who had parked his vehicle on the hard shoulder of the M3 motorway and fell asleep across the front seats. He was approached by patrolling officers from Surrey Police and was required to provide a breath test that was positive. The Officer was arrested and at the police station provided breath samples the lower reading being 62 micro-grammes of alcohol in 100 millilitres of breath.

15. The Officer pleaded guilty at court and was disqualified for 16 months, fined £300 with £55 costs.

16. The Officer appeared at a misconduct hearing and ‘required to resign’. The board considered drink driving to be a serious matter and quoted the Association of Chief Police Officers (ACPO) guidelines and internal notice that sets out the sanctions for police officer being found guilty of such offences. They also considered the reading of 62 to be an aggravating factor. They took into account a phone call received from his wife who was suffering considerable challenges in dealing with their two young children. The board accepted considerable pressure had been put on him to return home and that he had not previously intended to drive home prior to the telephone call.

17. The officer in his appeal argued that the panel applied a too rigid interpretation of Home Office Guidelines (Annex N). Additionally, the circumstances of his driving and evidence of character outweighs appropriate concerns by reference to the criteria within the Guidelines to the extent that his retention in Service would have been an equally appropriate sanction, with a financial penalty more appropriately being utilised.

18. The Assistant Commissioner considered that a reading of 62 was not indicative of excessive irresponsible drinking and was not an aggravating factor per se. It was further stated that had he not received a phone call from his wife that evening, would not have returned home. The Assistant Commissioner commented that the Officer pulling onto the hard shoulder so as not to prove a continuing risk to other road users was undertaken knowing that such action would undoubtedly draw attention and lead to arrest.

19. Exemplary character evidence was provided by colleagues and line managers.

20. Accordingly, the Assistant Commissioner allowed the appeal against sanction and varied the ‘requirement to resign’ to a fine of 13 days pay (£1063.55).

C. Race and equality impact

There are no specific race and equality items addressed. This report should fully comply with equal opportunities policies associated MPA/MPS Diversity policies.

D. Financial implications

There are no financial implications arising directly from this report.

E. Background papers

None.

F. Contact details

Report author(s): Chief Inspector Peter Howarth, Directorate of Professional Standards, MPS.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Summary of drink/drive misconduct cases

1 March – 16 December 2005

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