Final 3 Greens
I think you have misunderstood.
Special circumstances are where although someone is over the drink drive limit, and drives. Having been caught, they have given a reason why, in the circumstances they had no option but to drive which is credible, such as a life and death matter.
Although they are guilty of the offence, 'technicaly'. The magistrate has more latitude in how he deals with it. ie disqualification is not compulsary.
As I said, the legislation relating to aviation comes from the RTA. So it would be reasonable to assume that special reasons applies to that too. But as it has not come up yet, it has not been tried, and I am therefore assuming.
Yep, you are right in this rather unlighly senario, the pilot would have little or no option.
In any event, 119.5 says one glass of wine, which is ONE unit. That would be out of his system after an hour.
By the time anyone got round to thinking about a breath test (if anyone thought of doing it, or indeed wanted too, which is more unlightly than the senario) he would be well under the limit.
Even if he wasn't, I doubt the CPS would see it in the public interest to take him to court.
It may be unlightly, but you will have to ask 119.5 about it. I just tried to answered his question.
Last edited by bjcc; 15th Jan 2005 at 20:38.