Fulcrum29
Honorary Master
I am aware its irresponsible... its more a hypothetical thing...
I am very much against drinking and driving over the limit. I currently enjoy going to the pub once or twice a week and having 2 drinks then going home.... This legislation, if its passed, will kill that instantly.. so how much tax will the government lose due to the local pubs all closing, and bigger pubs seeing reduced business.
I understood your point, my argument is more in line with other people having that idea which is highly likely and a danger to others.
To argue this point in court:
http://www.legalcity.net/Index.cfm?fuseaction=RIGHTS.article&ArticleID=8021487
Court procedure
In a case of driving under the influence of liquor, the state must prove that the accused drove a vehicle on a public road while under the influence, or while the alcohol content of the accused's blood exceeded 0,08g per 100ml.
When these elements have been established, a court will consider, in imposing sentence, the degree to which a motorist was under the influence of liquor, the extent to which his or her ability to drive was affected, traffic conditions at the relevant time, the type of vehicle being driven and the actual harm or danger caused by his or her driving. It will also consider the time and place of the offence, and whether the accused is a first offender.
Evidence against the accused may be given by the police, the examining doctor or any person who, at the time of the alleged offence, thought the accused was under the influence.
The opinions expressed in court must be qualified by reasons. For instance, the statement 'I believe he was under the influence' is not acceptable evidence, unless it is followed by an observation such as 'because he smelt strongly of liquor and his speech was slurred'.
In determining a sentence for driving with excessive alcohol in the blood, a court will consider the manner of the accused's driving at the time of the offence. Driving slowly and with exaggerated caution may be a characteristic of inebriation as erratic or reckless driving is. Imprisonment without the option of a fine is not usually imposed on a first offender, except in serious cases, such as when the accused was heavily under the influence or guilty of recklessness or gross negligence.
The current legal limit is a breath alcohol content of 0.24mg per 1,000ml, or a blood alcohol limit of 0.05g per 100ml.
I don't know how they will be even able to control these cases, here in the Western Cape these cases are thrown out like it's nothing and then screw a person over which was caught on the same day, time and place. I also cannot see how they push people into prison (higher sentencing), because they can’t due to the economics involved with our prisons current state.
Simple amendment to make, like you previously stated, the current limit is acceptable but it needs to be properly controlled and processed.
I actually expected this to be a Western Cape bylaw.