As mentioned above, the burden is on you to prove on the balance of probabilities that you were under the prescribed limit while driving. This can be achieved in a number of ways, including:. CCTV footage might come from street cameras and police bodycam footage.
This may reveal images of you before and after driving. It may also show you explaining the situation to the police when they requested a sample. If your story has been consistent throughout proceedings, this can be used to corroborate your version of events. Similarly, if a passenger or other witness can attest to the fact that you were sober while operating a vehicle, and consumed alcohol after you finished driving, this can help to support your case.
Perhaps the most important evidence, however, will come from a forensic toxicologist. This calculation will depend on factors such as:. If a toxicologist confirms that you would likely have been under the prescribed limit while operating a vehicle, this will be difficult for the prosecution to refute. If you have been charged with drink driving, please contact us at Ashmans Solicitors.
We have a dedicated team of experienced motor offence lawyers ready to help you. We can examine the various defences available —including the hip flask defence.
If you were under the prescribed limit while operating a vehicle, we will work to prove this to the court, ensuring your licence is saved. Find out if can you go to jail for dangerous driving. For a free initial enquiry, call us now on We are available 24 hours a day, 7 days a week. We also have specialist drug driving solicitors. You can also email us on enquiries ashmanssolicitors. All Articles.
Your information is safe and treated in accordance with our Privacy Policy. In the meantime, if you have any further queries, get in touch at or email us on enquiries ashmanssolicitors. Do you need legal advice? For expert legal support please get in touch with our team today. Contact us Or request a free call back. Motoring offences lawyers London To find out more about defending a drink driving charge, please contact us at Ashmans Solicitors.
What is the hip flask defence? Every time you will have to explain and probably prove that it is not alcohol. It would be like drinking water from a vodka bottle; even though you aren't breaking any laws, you will draw the attention of both cops and civilians who may report you to the cops.
Sign up to join this community. The best answers are voted up and rise to the top. Stack Overflow for Teams — Collaborate and share knowledge with a private group. Create a free Team What is Teams? Learn more. Would it give me some legal trouble if I use a flask to drink non-alcohol liquid in public? Ask Question. Asked 3 years ago. Active 3 years ago. Viewed 1k times. Improve this question. Megadeth Megadeth 5 5 bronze badges. SE isn't really intended for giving legal advice. A quick call to your local law enforcement or District Attorney's office will answer your question once and for all, no lifehacks needed.
Add a comment. Active Oldest Votes. And it gave us permission to do police work. I recently sat outside in a public park near my house in Massachusetts with a ounce beer from Stone Brewing in a brown paper bag. I wanted to be outside as the sun was going down. Some kids chased each other around blankets put out by their parents; a few college kids walked through and settled under a tree.
Frisbees drifted by. In places like New Orleans, there is no pact with the people around you. You are allowed to drink, so your pact is with the law. Follow him on Twitter. Already a subscriber? Log in or link your magazine subscription. Account Profile.
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