Eddie Stobart charged with drink driving - he denies the charge.
www.timesonline.co.uk/tol/news/uk/crime/article7101892.ece
|
The problem with contesting drink drive charges is that they are pretty cut and dried. There's only two things the magistrate considers.
Were you drinking? It's empirically measured and the measurement taken to be true.
Were you driving? Witnesses and/or police officers say yes.
That's it then.
Unless you have a lot of time and money, and want to argue calibration of machines etcetera, you're on a hiding to nothing.
You can try to mitigate it, hoping to get the penalty down to the lower end of the scale, that's all, but there's not much leeway the magistrates have these days.
|
>> Unless you have a lot of time and money......
The.....millionaire....retired for seven years...... :-)
|
I would disagree Crankcase.
There is a detailed set of procedures to be followed for OPL not only at the road side but at the police station on the machine.
If every 'i' isn't dotted and 't' crossed then the case can be thrown out irrespective of the fact that the reading is above what allowed.
Ask Nick Freeman - he has had many an aquittal through this.
dvd
|
Well yes, but the standards of evidence gathering are no higher than for any other prosecution, and in terms of "did you do it" it's an easy "yes or a no", not a subjective thing, is what I meant.
|
It appears he is going to try and fight it on a defence of "being borderline over the limit I wasnt drunk"
Thats a crap defence and does not have a hope in hell of working.
|
Reading the story, Eddie was interviewed on the doorstep soon after the alleged offence.
His denial was made to the reporter, before he'd taken legal advice.
Anything could happen, well not anything, but he could plead guilty or not guilty, when the charge is put in court.
|
There's a lot of confusion in the article - he could get off, but:
ES: "You shouldn’t drink and drive."
Well, as long as you are legal, you can. Perhaps he meant "be over the limit".
ES: "There is confusion because people say you can have two drinks and be OK"
"People" are likely to be wrong - it just about only depends on your type of drink, and your body weight, and, of course, the period of time.
ES: "but a regular drinker can drink more"
Re the drink-drive limit, that's rubbish.
|
Not so steady Eddie? Eddie denies D&D charge! - Crankcase
