fisherman wrote:
(2) It is a defencefor a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
That section states a particular defence. It makes no mention that this is the
only defence allowed, so it only serves to increase the rights of the defendant, not to restrict them. To be interpreted as you say, the law would have to be worded differently:
Quote:
It is a defence (and no other defence exists) for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
If he can prove it, fine he's innocent. If he can't, it still falls on the prosecution to prove their case against any other defence in the normal way , as far as I can tell.
PS: unless, when a defence is explicitly specified in a law, it removes all the other defences? But that would put it in conflict with normal use of the language.
PPS: Having said that, I have just noticed how cleverly this law is formulated! The offence is being in charge while drunk. You don't have to have driven it. That's sneaky, eh?