From: Jonathan Spencer, [EMAIL PROTECTED]
>IG
>--
>Drunk driving is an absolute offence, I'm pretty sure, there
>is no need to have a finding of mens rea or even a finding of
>negligence on the part of the driver.
Not so. There are two common defences. The first is that someone
spiked your drinks without your knowledge. The second is that you drank
*after* you drove, and this accounts for your blood: alcohol levels.
But be aware, in the latter case 'back tracking' is often undertaken to
calculate what your blood 'ought' have been. Obviously, if you have an
blood:alcohol level consistent with 15 pints of Fosters lager and five
chasers, and your explanation is that you had a double scotch after you
crashed into the other car - just to steady your nerves - then you
aren't going to fool anyone.
Back tracking calculations are one of the services provided by my
company. You would be surprised just how much scotch some people claim
they people took to steady their nerves immediately following a crash!
--Jonathan Spencer, firearms examiner
"Justice is open to everybody in the same way as the Ritz Hotel."
Judge Sturgess, 22 July 1928
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
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