What does “legal limit” mean if being below it still constitutes a defense.
Does this concept apply to speed limits, too?
I’m going to have to ticket you for very nearly speeding.
Actually it does apply to the speed limit too, there’s a proviso to the speed limit laws dealing with going too fast for the current conditions. Mostly it comes into play during bad weather or in construction areas generally after an accident, the core logic is that even though you were going the speed limit or lower the fact that you hit somebody shows you were driving too fast for the current conditions.
Your BAC drops over time.
I think the law is backward. As it stands, the number is a “per se” violation, meaning just being over the number is a violation. If you are under the number, it can still be a violation if they can prove impairment. I think being under the number should be an absolute defense, or near absolute, and they still bave the burden to prove impairment (FST, etc.) if you are OVER the number. Lots of alkies are perfectly sober at over 0.08, I suspect.
Really. You ALMOST killed your wife. You were THINKING about robbing that liquor store. Eeesh. If we got arrested for ALMOST committing a crime......
Sounds like a charge a guy with an 0.081 reading might be allowed to plea to. Me, with an 0.072, I’ll go to the jury, thank you.
How about a ticket for low IQ driving?