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.
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 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…
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.
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.