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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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hypothetically if someone were involved in a car accident due

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hypothetically if someone were involved in a car accident due to breaks failing with no other vehicles involved, and the police breathalysed the driver showing they had had a drink but were not over the limit could the police still hold the driver in custody over night?
Thank you for your question. My name is ***** ***** I will try to help with this.
No. If they were not over the limit then there is no offence of drink driving.
Of course, there may be other road traffic offences but they would not normally lead to being detained over night or arrested at all.
Can I clarify anything for you?
Customer: replied 3 years ago.
If you were over the limit would the police definatly charge you
Well, not necessariy. Anything could happen. They could lose evidence.
But probably they would.
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