Thread: Drink drivers face car crushing
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Old 07-12-2009, 22:11   #29
Flyboy
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Re: Drink drivers face car crushing
Quote:
Originally Posted by Derek S View Post
Probable cause doesn't come into it. The offence is set out clearly in the Road Traffic Act and in upteen different case laws since the 60's

If you are 'in charge' of the car and drunk you are committing an offence the same as if you drive about with fog lights on in clear conditions, park on zig zags at crossing, don't have water in your washer bottle, have a loose battery or any other road traffic offence.

In your example if you were in the house with your car keys in your pocket then its a jump to assume you'd be charged. If you were walking down the street towards the car with the keys in your hand then it's likely you'd be having a quick trip to the station.
Whose onus is it to prove intent?
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