hip-flask defence

A legal argument which may be used by a UK defendant accused of drink driving (drunk driving in the US), wherein he or she claims to have taken several drinks (from e.g., a hip flask) to calm his or her nerves after being stopped by police, but before taking a breathalyser test or providing a specimen intended to measure the defendant’s blood alcohol content. The defense rarely works in practice.
Post-accident drinking
Section 15 (3), Road Traffic Offenders Act 1988
“That assumption shall not be made if the accused proves
((1) that he consumed alcohol before he provided the specimen [or had it taken from him] and—
(i) in relation to an offence under section 3A, after the time of the alleged offence, and
(ii) otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and
((2) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.”

单词	hip-flask defence
释义	hip-flask defence hip-flask defence A legal argument which may be used by a UK defendant accused of drink driving (drunk driving in the US), wherein he or she claims to have taken several drinks (from e.g., a hip flask) to calm his or her nerves after being stopped by police, but before taking a breathalyser test or providing a specimen intended to measure the defendant’s blood alcohol content. The defense rarely works in practice. Post-accident drinking Section 15 (3), Road Traffic Offenders Act 1988 “That assumption shall not be made if the accused proves ((1) that he consumed alcohol before he provided the specimen [or had it taken from him] and— (i) in relation to an offence under section 3A, after the time of the alleged offence, and (ii) otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and ((2) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.”
随便看	choosing my moment choosing one's moment choosing options and accommodations for children choosing our moment choosing sides choosing their moment choosing the lesser of two evils choosing the line of least resistance choosing the path of least resistance choosing to help others in our community and environment choosing up choosing up sides choosing your moment choosy cho oyo cho oyu chooz chop chop-10 chop10 chopair chop and change chopard centrale automobile chopart chopart amputation