Quote:
Originally Posted by GGG
So you are saying that it’s okay if a sober person leaves the scene of an accident and goes to the bar to drink that charging then with a DUI without evidence that they were drunk.
And are you 100% sure of when Police are required to be called at the time of an accident? Because if you are wrong you could get a DUI.
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No I'm saying it's not likely to happen the way you describe it. First of all, the person leaving the scene of an accident is already likely guilty of an indictable offense...leaving the scene of an accident. The breathalyzer tests that would follow would include toxicology reports that would indicate if the person's bac is rising or falling and possibly when the alcohol was consumed. As well there would be a record of how much the person drank at the bar so it would be possible to match that or not with the person's bac. At any rate, it's not just a simple breathalyzer. It's a preponderance of evidence that would show or not show the person had been drunk while committing their offense.
Still, the scenario you described is not reality. You have to know that a breathalyzer would be required in the 2 hours following your accident. Someone changing their statement to police after the investigation was complete would not give anyone reason to believe they would be required to give a breathalyzer in the near future. Your defense in this scenario is in fact provided to you free of charge from the crown.
If you get in an accident, exchange information and agree to drive away unharmed without calling the police, someone could call the cops later and suggest you were intoxicated but still, there would be no reasonable expectation of you knowing this and therefore knowing that a breathalyzer would be required of you.