person arrested on private drive on suspition of drink driving what are law rules on drink driving. person not on public road. is there a case that could argue he is not guilty
hi thanks for ans but i am in the uk so is there a case i can show that would help me with this question . (man accused of drink driving on private drive that is not part of road).
This site seems to state that drink-driving on a driveway is not illegal.
http://www.drinkdrivinglaw.co.uk/drink_driving_defences.htm
In cases of drink driving, the specific laws and regulations vary depending on the jurisdiction. However, I can provide you with some general information on drink driving laws for you to understand the considerations that may apply in such a situation.
1. Jurisdiction-specific laws: Start by researching the laws of the jurisdiction in which the incident occurred. Look for legislation or legal codes related to drink driving, commonly referred to as Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) laws.
2. Public vs. private property: In many jurisdictions, drink driving laws apply not only to public roads but also to private property that is accessible by the public. This could include parking lots, private drives with public access, or residential areas.
3. Intent and reasonable suspicion: Law enforcement officers often make an arrest based on reasonable suspicion, which means they have a reasonable belief that an individual has committed or is committing a crime. If the officer had a valid reason to suspect the person was driving under the influence, such as observing erratic driving or an accident, they may proceed with an arrest irrespective of the location.
4. Legal defenses: If the person believes they are not guilty, it is crucial to consult with an attorney who specializes in drink driving laws in the relevant jurisdiction. Depending on the circumstances, various defenses might be available, such as challenging the legality of the arrest, questioning the accuracy of breathalyzer or blood test results, or arguing against the reasonable suspicion that led to the arrest.
Remember that laws can be complex, and specific circumstances can result in different outcomes. It is always recommended to consult a legal professional to understand the best course of action based on the specific details of the case.