1mph over / 1% over
Discussion
Debate:
If a driver is 1 mph over the speed limit, it is illegal but we decry any prosecution because of the practical impossibility of maintaining spped to that degree of accuracy at all times.
But what about the driver who has 36 milligrams alcohol per 100 millilitres of breath (81mg by blood) - ie. one milligram over.
Where is the acceptable limit?
Edited because I erroneously typed '%' instead of 'mg'
>>> Edited by streaky on Thursday 18th December 10:40
If a driver is 1 mph over the speed limit, it is illegal but we decry any prosecution because of the practical impossibility of maintaining spped to that degree of accuracy at all times.
But what about the driver who has 36 milligrams alcohol per 100 millilitres of breath (81mg by blood) - ie. one milligram over.
Where is the acceptable limit?
Edited because I erroneously typed '%' instead of 'mg'
>>> Edited by streaky on Thursday 18th December 10:40
streaky said:
But what about the driver who has 36% alcohol per 100 millilitres of breath (81% by blood)
OMG, the limit is when your blood is 81% alcohol, I doubt anyone could live let alone drive
. anyway IMHO being 1% over is not a crime, but the driver should be warned so that if he/she does it again they prosecute.
Swilly said:
I would support driving = no drinking under any circumstances.
Zero tolerance eh?
Sorry, but it doesn't/can't work like that.
There has to be a margin, and we have (sensibly IMHO) decided that 2 pints is the limit. I'd reckon that the decision to prosecute for being 1% over the DD limit would be taken by the police based onthe driving style and demeanour fo the driver in question - at least I hope it would, due ot the variances in metabolism etc.
A DD test as a result of an accident the wasn't the DD drivers fault, and giving the 1% over should result in a caution. OTOH, if the DD CAUSED the accident, then a ban is acceptable.
Having a fixed limit for alcohol (other than zero) is obviously not ideal, as it affects different people to different degrees. However as a fixed limit is what we have, the line would have to be drawn at whatever accuracy the equipement was capable of measuring i.e. if the breath tester was accurate to +-2%, then that is the leeway that would have to be given.
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