Hypothetical Drink Driving Question

MarkMas

Chief pedant
Messages
8,795
Road Traffic Act 1988 s. 5: "If a person ... is in charge of a motor vehicle on a road or other public place, after consuming [excess] alcohol [then] he is guilty of an offence [but] it is a defence for a person charged with [such] an offence 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 [with excess alcohol]".

I think the problem is that someone so arrested would have to work hard in court to prove that there was no likelihood of driving the vehicle.