IcePack
As cargo boy has pointed out, you cannot ruin the day of someone who has a BAC below the legal limit. In this particular case, as has also been pointed out the police breathalysed under their reasonable suspicion after the accusation from the bus/coach/taxi/bin lorry driver. That breath test was apparently failed which was the reason for the arrest.
In your scenario, the malicious intent would become clear when a police breath test (note: not an evidential test carried out at the station because it would not be required!!) showed the accused was below the legal limit.
No smoke/fire/libel/slander/"come back" or similar.
Last edited by feet dry; 28th Oct 2004 at 16:08.