I was wondering, a friend of mine was over tonight and they drunk a bottle of wine at around midnight, but they have to be at work the next day at 6am, will they still be over the limit on the way to work tomorrow? It was 12% for what it's worth.
I'm just considering a hypothetical here. If you found a copper and asked them to breathalise you and you were over the limit could you still be had for intent?
B@
[FnG]magnolia;19983227 said:Assuming you were in possession of keys and a car, how could you not be done?
It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
[FnG]magnolia;19983285 said:He talked of intent. That suggests intent to drive a car whilst potentially over the limit, given context. Having said that, it's all hypothetical so who really cares.