FL
Yes I agree, however I like a challenge!
To that end....
Blacksword,
The article I refered you to is about fatal accidents yes, but the idea was to demonstrate that it is established medical fact that BAC can be determined from urine.
I have to agree with FL, you do seem to have misunderstood the difference between 2 offences, and his answer contained no legal B******t, in fact an extreemly good clear explanation, which I found very easy to follow.
The drugs side of things I'll try to clarrify for you, and after that I wont enter into further debate with you.
To use the example I used before, Night Nurse used to cause a lot of people to feel drousey. In fact many of my collegues used it to help them sleep when they were on nights. Lets say one of them had the recomended mesure of Night Nurse, and started to feel sleepy. Got into his car and drove it. On stopping at Traffic lights he fell asleep. Police officer sees the diver of the car and wakes him up. Police officer speaks to driver, and finds that he keeps falling asleep, can't follow the conversation and doesn't appear to be 'with it'. Police officer asks a few questions regarding any medical reason why the driver should be like this and forms the opinon that he is not fit to drive in that state. Having established as best he can that there is no medical evidence, there is no smell of intoxicating liquer, however he sees the bottle of night nusre on the passenger seat which has been opened and some taken. He asks the driver if hes used the bottle of night Nurse, and gets the reply that the driver has. He arrests the man for driving whilke unfit through drugs.
At the Police station a doctor is called and examines driver, the doctor would then give evidnce of being fitness to drive. The evdience being that of the Police Officer, any evidence that exisist regarding side effects of the bottle of night Nurse and the Doctors findings.
There is no need for a blood test, urine test or breath test. Yes Police may ask for a blood or urine test and have it anyalised to establish there is whatever it is in Night Nurse that causes drouseyness in his blood. It is not however nessesery.
There is no 'cut off' level the offence is being unfit to drive end!
Now the example I have used is RTA but again, you have been told that the new act is related to the RTA.
This offence is different from the second offence which is having a BAC above a prescribed limit.