Quote:
Originally Posted by Simnut
That's the problem...there WAS zero alcohol BAC WHILE driving! And there is NO way that the officer can prove or show evidence that the driver had a level BAC WHILE in care and control of the vehicle. The officer based the 24 hour prohibition based on smell of beer on breath, AN HOUR after the incident....AFTER the driver admitted to have some beer AFTER the incident!!! If the officer HAD demanded a roadside test, this would have shown the "defendants" statements to be true.
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You missed my point...no drink at all, means no BAC to begin with.
Not your "drink, then sober up, then drive and get caught" version. Don't drink to begin with. Or don't drive afterwards, period.
So what's the real reason behind your rant on this? Your kid get caught driving after drinking? Or you trying to become a lawyer? I'm interested why you're so hot on this topic, when the issue according to the police officers here isn't as common as you seem to make it out to be.