Reminds me of someone I knew that would keep a pint of Jack in his trunk. He drove drunk constantly and it was there for when if he ever got into an accident he was prepared to run out of the car, pop the trunk, and pound the bottle in front of all the witnesses.
Can’t prove he was drunk at the time of the accident.
I know I’ve read of at least one successful case where the person fled the scene and went home, then claimed he was drinking at home. Honestly, though, there’s so many things that factor into whether an individual gets arrested or released that we’d need more examples to differentiate between just letting someone go and This One Simple Trick Judges Hate.
It’s up to the police to show you were driving while intoxicated. You have witnesses corroborating that you were drinking after the accident. Any field sobriety, or blood test they give you would be worthless because it would be after that.
This kind of thing has been repeated amd handed down for like a century. But I’ve never ever heard of anyone actually doing it, much less having it work.
You might not be able to prove it, but anyone willing to chug alcohol in front of witnesses to have that kind of plausible deniability can easily be assumed to have already been drunk to start with. That just doesn’t seem like it would hold up to the ‘reasonable doubt’ standard…
Reminds me of someone I knew that would keep a pint of Jack in his trunk. He drove drunk constantly and it was there for when if he ever got into an accident he was prepared to run out of the car, pop the trunk, and pound the bottle in front of all the witnesses.
Can’t prove he was drunk at the time of the accident.
There is zero chance that would work.
There’s a low chance of that working…but it’s not zero with the right legal team.
With the right legal team you can kick the police in the balls and piss on their car and get away with it.
I know I’ve read of at least one successful case where the person fled the scene and went home, then claimed he was drinking at home. Honestly, though, there’s so many things that factor into whether an individual gets arrested or released that we’d need more examples to differentiate between just letting someone go and This One Simple Trick Judges Hate.
Fleeing the scene is completely different than chugging alcohol at the scene.
“I wasn’t drinking and driving, officer. And I’ll prove it by drinking out of this open container!”.
Holy shit that was close. I gotta relax, having ptd issues. Must self medicate…
With a half competent lawyer it could.
It’s up to the police to show you were driving while intoxicated. You have witnesses corroborating that you were drinking after the accident. Any field sobriety, or blood test they give you would be worthless because it would be after that.
I’m sure someone has tried this before somewhere.
This kind of thing has been repeated amd handed down for like a century. But I’ve never ever heard of anyone actually doing it, much less having it work.
It might work depending on how much your lawyer costs
At that point anything works.
You might not be able to prove it, but anyone willing to chug alcohol in front of witnesses to have that kind of plausible deniability can easily be assumed to have already been drunk to start with. That just doesn’t seem like it would hold up to the ‘reasonable doubt’ standard…