After accident drinking due to distress

Convicted Driver Insurance

Unjustified

New Member
Is a person who consumed alcohol whilst in car,but not whilst driving, automatically accused of drink driving.
This person was sat drinking as they were very distressed,they crashed their vehicle but didn't drink the alcohol till after the car was stopped?? remembering their was some in the boot.The police came & driver was still holding bottle.preliminary test proved positive 36.If time of drinking & time of alcohol testing were analysed,could there be proof that the driver was not under the influence at all whilst driving the car??
 
The police can request a specimen where there is a suspicion of driving as may be the case in this scenario. There is a presumption in law that the level of alcohol taken to be in the system at the time of the evidential test is taken to be the level at the time of the driving. Where alcohol has been consumed after driving this can sometimes account for a higher reading than would have been there immediately after driving. However, it is for you as the defendant to prove to the court that the post incident consumption took place and that, where it not for that additional alcohol, you would not have been over the legal limit. The preliminary test result of 36µg is below the prosecutable level (cases below 40µg are not prosecuted as per Home Office guidelines). The important reading is the one at the police station.
 
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