It is a defence to an offence of driving with excess alcohol that the driver consumed alcohol taking him over the legal limit AFTER the driving had occurred.
This is a defence of post driving consumption, otherwise known as the ‘hip flask defence’.
When a person argues this defence, the burden of proof is on that person to prove his alcohol consumption occurred after the driving had been completed. The client will need EXPERT MEDICAL EVIDENCE to prove the defence . This will involve the expert carrying out an analysis that the amount and type of alcohol consumed after the driving, equates with the alcohol reading recorded on the police intoxylizer taking into account when the driving took place, when the alcohol was consumed and when the intoxylizer procedure was carried out.
We can assist in such cases. Please do not hesitate to contact us if your case may benefit from this sort of defence.
Driving with excess alcohol carries mandatory disqualification of at least 12 months and in some cases carries a term of imprisonment.