Drink Driving Solicitor – drink driving and the hip flask defence and post driving consumption.
‘Drink Driving, Blood alcohol, Defence Solicitor, charge of driving with excess blood-alcohol, evidence of alcohol consumption after driving – otherwise known as post driving consumption.
Section 6(1) of the Road Traffic Act 1972 provides:
‘If a person–( a ) drives … a motor vehicle on a road … after consuming so much alcohol that the proportion of it in his breath … exceeds the prescribed limit he shall be guilty of an offence’.
Section 10( 2) provides:
‘Evidence of the proportion of alcohol … in a specimen of breath … provided by the accused shall, in all cases, betaken into account, and it shall be assumed that the proportion of alcohol in the accused’s breath … at the time of the alleged offence was not less than in the specimen; but if the proceedings are for an offence under section 6 of this Act … the assumption shall not be made if the accused proves–( a ) that he consumed alcohol after he ceased to drive … and ( b ) that had he not done so the proportion of alcohol in his breath … would not have exceeded the prescribed limit …’
It is important you contact a Driving Solicitor the moment you are contacted by the police. A hip flask defence may be available to you if you consumed the alcohol after driving the vehicle.
Drink Driving Case at Colchester Magistrates’ Court
In brief, this case involved a defendant who consumed a pint of beer after driving the vehicle but was charged with drink driving.
A charge was that the defendant at Colchester magistrates’ Court did drive a motor vehicle on a road or public place called after consuming so much alcohol that the proportion in his breath was 53 microgrammes of alcohol in 100 millilitres of breath, which exceeded the prescribed limit of 35 microgrammes in 100 millilitres of breath, contrary to section 6(1) of the Road Traffic Act 1972 as amended by the Transport Act 1981 .
The defendant called the police to report his vehicle had broken down. The traffic officer then attended the scene at Colchester. The officer approached the vehicle and asked the defendant if he was the driver.
The defendant confirmed that he was the driver of the vehicle. The traffic officer suspected the defendant of having been drinking.
The defendant had strong smell of alcohol on his breath.
The defendant’s speech was slurred.
The traffic officer asked if the defendant had been drinking and the defendant said that he had had a couple of pints about half an hour ago.
The defendant accompanied the police officer to Colchester police station, where the defendant provided two specimens of breath for analysis at under section 8 of the Road Traffic Act 1972 .
The procedure was followed correctly and the defendant provided two specimens of breath. Blowing 53 microgrammes of alcohol in 100 millilitres of breath.The defendant was charged with the drink driving offence.
The defendant stated that after his vehicle broke down, he went to the nearest pub to telephone the police and garage. Whilst at the pub, a friend bought the defendant a pint of beer.
A short time later, the defendant left the pub and walked over to his vehicle. The police were waiting fro him at his vehicle.
The defendant called the witness, who bought the defendant the pint of beer (post driving consumption).
There will still be a partial hip flask defence. The defendant would have to prove that the alcohol consumed after driving put him over the limit. The burden of proof is on the defendant.
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