Impossible to determine....

Court proceedings and Legal Process
Mode100
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Impossible to determine....

Postby Mode100 » Wed Apr 10, 2013 11:09 pm

Hi,

I read a tragic article in one of our papers today that reported on a case where someone had crashed their car and 71 minutes later recorded a BAC of .077.

Anyway, in the article, it claims words to the effect "Defence........said it was impossible to determine what the figure really was, and that it could have been as low as .04 and under the legal limit".

I would have thought that the whole "within 3 hours" thing could make that largely irrelevant?

Apologies - was not sure which sub forum to post this in. Feel free to move/delete it.

Day
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Re: Impossible to determine....

Postby Day » Wed Apr 10, 2013 11:13 pm

Mode100 wrote:Anyway, in the article, it claims words to the effect "Defence........said it was impossible to determine what the figure really was, and that it could have been as low as .04 and under the legal limit".

I would have thought that the whole "within 3 hours" thing could make that largely irrelevant?



It could be that they are suggesting that the driver, in a state of shock, slammed down a shot or two, to steady the nerves? Was there any reference to this?

Mode100
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Re: Impossible to determine....

Postby Mode100 » Wed Apr 10, 2013 11:24 pm

Nah - seems to suggest the possibility of unabsorbed quantities in the stomach.

Day
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Re: Impossible to determine....

Postby Day » Wed Apr 10, 2013 11:31 pm

Mode100 wrote:Nah - seems to suggest the possibility of unabsorbed quantities in the stomach.


Yep. Based on a quick reading of the latest article, that would be the case.

Hardy
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Re: Impossible to determine....

Postby Hardy » Thu Apr 11, 2013 12:05 am

"Defence........said it was impossible to determine what the figure really was, and that it could have been as low as .04 and under the legal limit".

All true, but they never claimed that this is a defence to a 49(1)(f) or (g) drink driving charge. Anyway, you would never expect her defence lawyers to actually tell anyone what her defence really was, would you?

Mode100
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Re: Impossible to determine....

Postby Mode100 » Thu Apr 11, 2013 12:13 am

Hardy wrote: Anyway, you would never expect her defence lawyers to actually tell anyone what her defence really was, would you?


I'm still scratching my head at that statement.(!?)

Hardy
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Re: Impossible to determine....

Postby Hardy » Thu Apr 11, 2013 9:09 am

It was a plea of guilty, so it was said in mitigation of penalty. It could never have been put as a defence to a s.49 drink driving offence. But she was charged with dangerous driving causing death, so the issue is what her blood alcohol concentration was at the time of driving, not what it might have been within 3 hours of driving.

Chef
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Re: Impossible to determine....

Postby Chef » Thu Apr 11, 2013 11:03 am

I tuned out as soon as I saw who the defence barrister was, big bag of hot air that he is.

Boki
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Re: Impossible to determine....

Postby Boki » Thu Apr 11, 2013 2:28 pm

Who was it Chef....?

Chef
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Re: Impossible to determine....

Postby Chef » Thu Apr 11, 2013 11:48 pm

Boki wrote:Who was it Chef....?


Seek and ye shall find. WWB

oscar
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Re: Impossible to determine....

Postby oscar » Fri Apr 12, 2013 7:33 am

oh come on chef - if i was in a spot of bother with an 05, i'd probably go with him !

he does crap on a bit though, but don't they all ;)

Hardy
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Re: Impossible to determine....

Postby Hardy » Fri Apr 12, 2013 1:22 pm

Yeah, it's the same with many ex-VPOL. I think they learn that at the prosecutor's course....
:wink:

Chef
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Re: Impossible to determine....

Postby Chef » Fri Apr 12, 2013 7:12 pm

oscar wrote:oh come on chef - if i was in a spot of bother with an 05, i'd probably go with him !

he does crap on a bit though, but don't they all ;)


I'd he knocking on Mr Murphys door! Mind you he's not doing many these days since taking over as SIM and putting on a few years

Mode100
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Re: Impossible to determine....

Postby Mode100 » Fri Apr 12, 2013 7:36 pm

Chef wrote:
I'd he knocking on Mr Murphys door! Mind you he's not doing many these days since taking over as SIM and putting on a few years


Is that PPIM or SIM?

Chef
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Re: Impossible to determine....

Postby Chef » Fri Apr 12, 2013 8:03 pm

Last I heard it was SIM but I stand to be corrected, or he may stand to be re-branded!!

Chef
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Re: Impossible to determine....

Postby Chef » Fri Apr 12, 2013 8:04 pm

PPIM it is under the new title, I had Special Interest Monitor in mind, same job

Day
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Re: Impossible to determine....

Postby Day » Fri Apr 12, 2013 8:41 pm

oscar wrote:oh come on chef - if i was in a spot of bother with an 05, i'd probably go with him !

he does crap on a bit though, but don't they all ;)


I'd use Lawrence Hammill QC, or his side-kick Dennis, if he's moved on! :mrgreen:

Hardy
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Re: Impossible to determine....

Postby Hardy » Fri Apr 12, 2013 8:55 pm

Yes, he moved on a few years ago. :cry:
So you'll have to use Dennis.


[ img ]

Mode100
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Re: Impossible to determine....

Postby Mode100 » Fri Apr 12, 2013 9:14 pm

Still haven't seen it.. I spose I should watch it...

Day
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Re: Impossible to determine....

Postby Day » Fri Apr 12, 2013 9:29 pm

Hardy wrote:Yes, he moved on a few years ago. :cry:
So you'll have to use Dennis.


Yes, I feared that was the case. That being said, I hear Dennis made good of his experience working with Mr Hammill and has since made some home runs and has the bling to back it up.

RIP Bud. :cry:


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