Hip flask defence: Difference between revisions
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In places like the [[United Kingdom]], a '''hip flask defence''' is a defence to an allegation of [[drunk driving]] that a driver had consumed [[alcohol (drug)|alcohol]] between the time of a vehicular offence |
In places like the [[United Kingdom]], a '''hip flask defence''' is a defence to an allegation of [[drunk driving]] that a driver had consumed [[alcohol (drug)|alcohol]] between the time of a vehicular offence, such as an [[road accident|accident]] and a [[breath test|breathalyser test]], so that a positive result does not actually indicate that they were driving while intoxicated. |
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Though popular (in 1991, the defence was used in 90% of Swedish appeals against drink driving convictions),<ref>{{Cite journal |first=AW |last=Jones |title=Top ten defence challenges among drinking drivers in Sweden |journal=Medicine, Science, and the Law |date=July 1991|volume=31 |issue=3 |pages=229–38 |pmid=1822585}}</ref> the hip flask defence is not always effective. It is possible to back calculate the amount of alcohol and prove an offence nevertheless.<ref>{{cite news |title=Under The Influence |url=http://www.la-dui-lawyer.com/los-angeles-dui-defense/driving-under-the-influence-los-angeles-california/ |accessdate=29 October 2018}}</ref><ref>{{Cite journal |url=http://cat.inist.fr/?aModele=afficheN&cpsidt=13871148 |journal=Medicine, Science, and the Law |title=Evaluating alleged drinking after driving: the hip-flask defence: Part 1. Double blood samples and urine-to-blood alcohol relationship |first=R |last=Iffland |author2=AW Jones |year=2002 |volume=42 |pages=207–224 |accessdate=25 April 2009 |issue=3}}</ref> |
Though popular (in 1991, the defence was used in 90% of Swedish appeals against drink driving convictions),<ref>{{Cite journal |first=AW |last=Jones |title=Top ten defence challenges among drinking drivers in Sweden |journal=Medicine, Science, and the Law |date=July 1991|volume=31 |issue=3 |pages=229–38 |pmid=1822585}}</ref> the hip flask defence is not always effective. It is possible to back calculate the amount of alcohol and prove an offence nevertheless.<ref>{{cite news |title=Under The Influence |url=http://www.la-dui-lawyer.com/los-angeles-dui-defense/driving-under-the-influence-los-angeles-california/ |accessdate=29 October 2018}}</ref><ref>{{Cite journal |url=http://cat.inist.fr/?aModele=afficheN&cpsidt=13871148 |journal=Medicine, Science, and the Law |title=Evaluating alleged drinking after driving: the hip-flask defence: Part 1. Double blood samples and urine-to-blood alcohol relationship |first=R |last=Iffland |author2=AW Jones |year=2002 |volume=42 |pages=207–224 |accessdate=25 April 2009 |issue=3}}</ref> |
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Revision as of 11:51, 29 October 2018
In places like the United Kingdom, a hip flask defence is a defence to an allegation of drunk driving that a driver had consumed alcohol between the time of a vehicular offence, such as an accident and a breathalyser test, so that a positive result does not actually indicate that they were driving while intoxicated.
Though popular (in 1991, the defence was used in 90% of Swedish appeals against drink driving convictions),[1] the hip flask defence is not always effective. It is possible to back calculate the amount of alcohol and prove an offence nevertheless.[2][3]
References
- ^ Jones, AW (July 1991). "Top ten defence challenges among drinking drivers in Sweden". Medicine, Science, and the Law. 31 (3): 229–38. PMID 1822585.
- ^ "Under The Influence". Retrieved 29 October 2018.
- ^ Iffland, R; AW Jones (2002). "Evaluating alleged drinking after driving: the hip-flask defence: Part 1. Double blood samples and urine-to-blood alcohol relationship". Medicine, Science, and the Law. 42 (3): 207–224. Retrieved 25 April 2009.
External links
- Hip Flask Defence (PDF). Procedure. Vol. 02511. Hampshire Constabulary. 13 August 2012. Retrieved 25 October 2012.
- Official Motoring Law advice