If It Was Me Or You......

[Heilandee]

what do you think the verdict would have been?

Fiscal not guilty?

[Johnboy]

Poor lady....

It was probably some kind of a cry for help...

Very sensible verdict... It's right and proper that a different set of rules come into play for the judiciary, the police and upper class people like myself.

[Guest birdog]

I know what you are trying to say but this woman works in the legal profession, she knows what she is doing. She may well have been guilty but she knew exactly how to use the system without crossing any lines. As the sheriff pointed out in this case, the prosecution had to prove "without reasonable doubt" that she intended to drive the car before her blood alcohol levels had dropped to below the legal limit. The lady in question managed to instil "reasonable doubt" by placing her car keys in the foot well and calling a lift from her brother. Whether she had driven before or had intended to drive afterwards was up to the prosecution to prove and they failed.

This is a loophole which has been used many times, in fact my father, a retired police officer told me in the days when I used to drive away for a night out, that if I was sleeping in the car I should put the keys in the boot to prove I had no intention of driving.

Would you or I get away with it? Only if we were wise enough to take the precautionary steps to induce reasonable doubt. My biggest surprise in this matter is that it actually reached court.

[Heilandee]

Not the case according to this site Birdog

when ar you in charge?

"There is no need for the prosecution to prove that a person was likely to drive whilst unfit or over the limit. It is for the Defendant to prove that there is no prospect of using the vehicle".

Like yourself my younger days included using the car as a sleepover on weekends away and we were well warned not to have the ignition keys in the proximity of the vehicle or we'd be liable to prosecution for drunk in charge.

[Guest birdog]

Not the case according to this site Birdog

when ar you in charge?

"There is no need for the prosecution to prove that a person was likely to drive whilst unfit or over the limit. It is for the Defendant to prove that there is no prospect of using the vehicle".

Like yourself my younger days included using the car as a sleepover on weekends away and we were well warned not to have the ignition keys in the proximity of the vehicle or we'd be liable to prosecution for drunk in charge.

I stand corrected.

[+CaleyD]

Whilst I don't believe that simply being in possession of the keys should automatically make a person guilty, there's a number of factors in this case which, IMO, should have made this a solid guilty verdict.

Firstly, she admitted to drinking a large glass of wine before getting in her car to go buy more alcohol. A standard glass of wine is between 2.1 (12% Vol) and 2.45 (14% Vol) units, so a large glass of wine would likely be more than 3 units. Whilst it's different for everyone, the general rule of thumb is that women who have consumed more than 3 units run serious risk of being over the legal limit!!! - In short she's admitted to pushing her luck on this front....and in fact, there's no way she could have known for sure she was under the limit.

Secondly, she admits to not being of sound mind and at/passed "breaking point". Are we suppose to believe that having consumed a large glass of wine and a quarter bottle of vodka she suddenly became aware of her state of mind...after all, alcohol has the opposite effect on anyone I know!!!

Thirdly, she didn't call her brother until after she had consumed the vodka...surely she would have known before drinking it that she would not be able to drive, and that the moment she drank her first mouthful she would have definitely been over the limit having already had a large glass of wine. Why not make the call first...or even better, drive herself home before necking the drink.

How did the court manage to take all of the above, which clearly shows she had not made a sensible decision during the entire incident, and arrive at the conclusion that she would have been of mind enough to have no intention of driving? I mean, she's already drunk a large glass of wine and got in the car, if that's not a clear indication of her willingness to drink and drive (or at least take the chance) I don't know what is!!!