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V. New to this forum myself but the question strikes a chord. Are you sure you are not just a law student being lazy and trying to get a 'free' lawyer to do your homework for you. I've done that myself.
Question is a little leading (in that you seem to have some sense of what is dubious e.g. has this occurred on the highway) but you fail to mention where you are in the UK.
I'll assume you're England based due to the rugby references athough there are areas in Scotland where rugby is practiced (although hand in hand with 'homosexuality' in my humble opinion).
Re points raised there's a number of matters in play:
On the point of being pushed to acknowledge that the car was on the highway on being released there is a lot more that coud be discussed. From the detai provided we do not know whether a lawyer/represenative was involved at any point; we're not clear what was actually acknowledged; the recent-ish Cadder ruling could call into question anything actually 'acknowledged' and later admissibiity etc etc.
If bailed / released upon undertaking then it may be a case of allowing him out rather than facing a weekend in the cells before having to appear - question woud be what was actually put to him. At this time formal charges aren't clear so again room for discussion.
Are you sure you this isn't just homework?
Question is a little leading (in that you seem to have some sense of what is dubious e.g. has this occurred on the highway) but you fail to mention where you are in the UK.
I'll assume you're England based due to the rugby references athough there are areas in Scotland where rugby is practiced (although hand in hand with 'homosexuality' in my humble opinion).
Re points raised there's a number of matters in play:
- Athough the suggestion is that the BF was not driving he is in control of a motor vehicle and as such coud be charged under an equivalent offence to 'driving'
- The question eaves room for discussion on where your BF was sitting but one woud assume the drivers seat but equally whilst 'resting' drunk you could be tempted to put your feet up in the back seat and cover yoursef with a jacket to get warmer.
- We shoud consider whether the rugby club carpark is private ground as this could be a determining factor
- Ultimatey if convicted of 'drink driving' (and we shall assume everyone knows the reading is above the limit) there would be a minimum 1 year ban for a first time offence.
- If there is a conviction but it can be argued that your BF was in control of as opposed to driving the car I believe there may be some lattitude for the judge to waive the minimum ban
On the point of being pushed to acknowledge that the car was on the highway on being released there is a lot more that coud be discussed. From the detai provided we do not know whether a lawyer/represenative was involved at any point; we're not clear what was actually acknowledged; the recent-ish Cadder ruling could call into question anything actually 'acknowledged' and later admissibiity etc etc.
If bailed / released upon undertaking then it may be a case of allowing him out rather than facing a weekend in the cells before having to appear - question woud be what was actually put to him. At this time formal charges aren't clear so again room for discussion.
Are you sure you this isn't just homework?