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SliM

By SliM,
in New South Wales

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SliM Enthusiast

SliM

Posted
Posted

ok lets just say if this happened hypothetically

ok say a P plater is leaving work and has a lemon lime bitters after his bar shift with is other staff members. If he is forced into driving a car and is pulled over three minutes later after having the drink by a cop and RBTed. what r the chances of him coming out clean.and if he did how??????????????

considering there is a zero tolerance shouldnt the p plater be caught?

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performance-wise Grand Master

performance-wise

Posted
Posted

Think his chances would be SliM :) due to the zero tolerence law. I think the same applies with cough medicine, strepsils and even liquer chocolates!!

However, I think cops have to give him a bit of time for it to digest before doing a RBT - not 100% sure but??

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Merli Grand Master

Merli

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Posted

Did he really need those 10 drops of bitters? I wouldn't even risk it, just order a lemonade or soda water instead dunno.gif

But yeah, he should have said "I've just had a lemon/lime/bitters 5 minutes ago" and the police will let him wait 15 or 30 minutes before doing the breath test. Hopefully he wont register a reading.

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Merli Grand Master

Merli

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Posted

Unless he was forced by gunpoint, no-one made your hypothetical person drive except himself.

Dude, he could have caught a cab. Anyway, it doesn't matter WHY he was driving, all that the cops will care about is that he WAS driving, and whether or not he's over 0.00% BAC.

That said, I seriously doubt a lemon lime & bitters will even register on their little breathalyser if he waits his 15/30 minutes they'll allow him.

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Merli Grand Master

Merli

Posted
Posted
he would be fine. Doesn't lemon lime bitters have no alcohol? thats what i always drink when i go clubbing with the car...???

Angostura Bitters is something like 90 proof (44% alcohol) dude :(

But they only use between 10 or so drops of it, so there's very little alcohol content and it's considered a soft-drink. Usually the alcohol content is negligible, but it might be enough to register a BAC reading in the right situations (thin guy, no dinner, breathtested soon after the drink, etc)

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lwells Grand Master

lwells

Posted
Posted
Unless he was forced by gunpoint, no-one made your hypothetical person drive except himself.

That depends. Some laws are enforced regardless of any undue influence: you can't, for instance, kill someone because you were "forced under gunpoint" to do so. This is called "strict liability". Some road related offences are subject to strict liability, but I am not entirely sure which ones are off the top of my head.

As for the situation described by the thread poster, technically (if the Police are doing their job) the driver has committed an offence. Of course, the driver could always request a blood test in the hope that the alcohol clears his/her system by the time the blood is taken ... :D

LW.

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PLYNX Mentor

PLYNX

Posted
Posted

Hate to burst your bubble of denile Liner Dudes but this actually happened to me (but I aint on my Ps). Got pulled over in my Line by a RBT and was asked the standard question about drinks in the last 15 minutes not realising that lemon lime and bitters had alcohole in it . Blew into the machine and the cop asked what drink I did have cause I was registering ever so slightly on the unit. Luckly well under the limit none the less it still showed up. So be careful out there Dudes and Dudetts !

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nedb Proficient

nedb

Posted
Posted

If it showed alcohol reading of over the limit on the breath tester, or any in P plates case, they would have to take you to the nearest police station that has proper breath tester. I forgot what it's called but it's a 15K worth instrument and it's quite large too. Not all police stations have it.

The reason for taking you in is the portable units are not 100% correct and they don't get calibrated that often so it's possible to have false reading. The instrument at the police station has to be calibrated regularly.

After taking your sample the instrument prints out the slip with time/date, location and the reading. If over the limit that is the one that will be used in court and it can’t be beaten except by the blood sample.

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