cabby john wrote:
Can they not back track the alcohol intake!? I am sure that if he had denied it that is what they might have done to prove their case.
Possibly but I think they need a blood or urine sample to be able to do it. They would also need to know the exact time of the offence, and as no police officer saw them driving they can't give a time. I'm not sure whether they need to give an exact amount of alcohol in the body or it's sufficient to say they were over the limit, hence needing to know the time of when they were driving.
There was a case years back where a Judge/top cop got breathalised and was over the limit, however by backtracking he was able to prove that he was not over the limit whilst driving only at the time of the breath test. He'd necked a couple of doubles just before getting in his car, due to the delay before being tested he argued that even though he'd drunk enough to put him over the limit not enough alcohol had been absorbed into his system to put him over at the time he was stopped.
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