Quote:
Originally Posted by Flyboy
Whose onus is it to prove intent?
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Intent doesn't come into it. It's not like differentiating between murder/manslaughter.
Being drunk in charge of a vehicle is a crime. All the prosecution have to prove is
A: You were drunk
B: You were in charge of a vehicle
If you can persuade the Magistrate/Sheriff you were not intending to drive they can clear you of it but the prosecution don't have to prove you were planning to drive.
Virtually all traffic offences are the same, the Police don't have to prove you were knowingly driving with a light out but can still do you for it.