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Over under or on the limit

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daffodil View Drop Down
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Joined: 07/January/2018
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  Quote daffodil Quote  Post ReplyReply Direct Link To This Post Topic: Over under or on the limit
    Posted: 07/January/2018 at 19:03
I am confused about legal limits. If the speed limit is 60kph, you can legally do 60 but not over 60, so on the limit is okay. If the blood alcohol limit is 0.05, being on the limit puts you over. There seems to be no consistency. Any explanations welcome.

Eddy View Drop Down
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  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 07/January/2018 at 20:42
It's purely a definition thing. I never really thought about it but you are right, it is confusing. They say you shouldn't drink-drive but legally you can, up to point (for open licence holders anyway).

daffodil View Drop Down
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  Quote daffodil Quote  Post ReplyReply Direct Link To This Post Posted: 07/January/2018 at 20:57
Thanks for your reply Eddy. I agree about the definition, but over the limit should mean the same in both instances, as it is just that, over the limit, etc.

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 07/January/2018 at 22:42

In the case of speed limits there is a certain amount of leeway allowed for speedometer discrepancies & the like..

BAC is deemed to be the absolute responsibility of the driver. If there is ANY doubt, the message is don't drive.



Any opinion given should not be accepted as legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks

whatplanetisthis View Drop Down
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  Quote whatplanetisthis Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2018 at 09:41
**cough, cough** revenue, revenue, revenue !

Slightly off topic but still would be cause for very interesting explanations- Drug driving !
A "smack-head" could theoretically roll into a drug driver blitz, harrying off his head with a belly full of magic mushrooms & a few tabs of acid sitting under his tongue.
Speed nor cannabis detected on his/her tongue = "thank-you driver, your free to continue, have a good evening.

I guess thats more hypocritical than confusing.
Back on topic though, if indeed you be a Miss daffodil & were to record a .05 reading, I'd point out the time would be ripe to recoup all that time & money spent on ensuring "full & healthy lashes", & no I'm not a sexist, it's just the way of the world we live in.
p.s. I am not in any way condoning driving whilst affected by heroin,magic mushrooms or LSD. Nor for that matter amphetamines, cannabis or alcohol. Nor speeding.
cheers
wpit

daffodil View Drop Down
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  Quote daffodil Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2018 at 11:54
Hi whatplanetisthis, thanx for your response. I am female, I don't drink or use drugs, I am not in the habit of spending time or money on my eyelashes, don't use makeup, don't use beauticians, live clean and healthy, and have never lost my license, in fact not lost a single point in over 30 years. The world you live in is obviously not the same world I live in, and yes you are sexist if you believe this is what women do. Some women may do this, some men may also do this, and saying you are not being sexist does not make it so, you are very sexist. I will not lump you into any categories. Dissapointing to see you are a senior member here. I have asked this question as my flatmate keeps asking it of me when he watches RBT. Not because I 'got done' while spending too much time on eyelashes.

Luisa View Drop Down
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  Quote Luisa Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2018 at 17:00

+ 1

(although only 25 years of driving for me)

citizen181 View Drop Down
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  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2018 at 17:11
Just to clarify the obvious point, the legislation does not state that you must not drive with MORE than the prescribed level of alcohol applicable to your licence type, it says that you must not drive WITH the prescribed level of alcohol for your licence type. So for a learner any alcohol is over the limit, for a P plater you must not have .02 or more, more gets you a higher level charge in increments, for a full licence holder you must not have .05 or more alcohol, again more gets you a increased charge in increments.

To put another way for complete clarity, for a full licence holder the limit is .0499999 etc, though instrument accuracy will have it's limits. At .05 you have hit the limit and committed an offence.

Just an additional point, even though you may not have hit the limit, Police may, and have the right to ask you to wait and be retested before allowing you to continue if you are close to the limit. It's one of the reasons they ask you how much and when was your last drink. Your BAC continues to rise for some time after finishing your last drink and its impact is obviously affected by the type/quantity of drinks you've consumed.

Edited by citizen181 - 08/January/2018 at 17:18

Eddy View Drop Down
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  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 09/January/2018 at 10:50
That's something I never really thought about too much about what it meant either - just accepted that the less experienced drivers had lower alcohol limits. Does this really mean that if you are an experienced driver you are allowed a higher level of alcohol impairment because you have the skills to compensate for it?

Eddy View Drop Down
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  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 09/January/2018 at 10:51
Isn't that kinda wrong?

citizen-joe View Drop Down
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  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 09/January/2018 at 11:56
Does this really mean that if you are an experienced driver you are allowed a higher level of alcohol impairment because you have the skills to compensate for it?


No, it is just politically expedient for the law to be written that way. The politicians who pass these laws want to get elected again so they split the line between what is right and what the public will accept. If they had any guts they would accept that any alcohol degrades the drivers performance, but they know that their voting public won't accept that and will cry, "revenue raising" just as they do for speed limits.

daffodil View Drop Down
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  Quote daffodil Quote  Post ReplyReply Direct Link To This Post Posted: 09/January/2018 at 19:21
Thank you citizen181, this is EXACTLY the information I was looking for.

daffodil View Drop Down
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  Quote daffodil Quote  Post ReplyReply Direct Link To This Post Posted: 09/January/2018 at 19:24
thank you luisa

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