Wildfire evacuation order & drink driving
Discussion
Let’s say you’re on a villa holiday with your wife, switched off from the world, both drinking lots of rosé by the pool and a text comes through on both your phones telling you to evacuate immediately due to wildfires closing in.
I imagine any police in the immediate vicinity might turn a blind eye but what if you need to drive 1 hour + to get to safety or what if you were involved in an accident?
I imagine any police in the immediate vicinity might turn a blind eye but what if you need to drive 1 hour + to get to safety or what if you were involved in an accident?
If evacuation is that time critical I somehow can't imagine anybody chilling by the pool drinking wine , you'd be choking on the smoke . Having seen first hand how the fires operate , unless you were trying to save the property (brave/foolish) you'd be long gone . Somehow I doubt the cops would turn a blind eye to DUI in those circumstances . no siree .
There is a general defence known as duress of circumstances (or necessity). If you reasonably believe that committing a crime is the only way to prevent death or serious injury, to yourself or someone else, then provided your action is a reasonable response to that belief (ie you didn't create more danger than the risk you were trying to escape from) then you potentially have a defense to any charge, short of murder.
https://www.motoroffence.co.uk/the-defence-of-dure...
Has been used successfully by people who have driven while over the limit to escape from danger, or to get to hospital. Whether it applies in any particular set of circumstances though is for the court to decide.
https://www.motoroffence.co.uk/the-defence-of-dure...
Has been used successfully by people who have driven while over the limit to escape from danger, or to get to hospital. Whether it applies in any particular set of circumstances though is for the court to decide.
Aretnap said:
There is a general defence known as duress of circumstances (or necessity). If you reasonably believe that committing a crime is the only way to prevent death or serious injury, to yourself or someone else, then provided your action is a reasonable response to that belief (ie you didn't create more danger than the risk you were trying to escape from) then you potentially have a defense to any charge, short of murder.
https://www.motoroffence.co.uk/the-defence-of-dure...
Has been used successfully by people who have driven while over the limit to escape from danger, or to get to hospital. Whether it applies in any particular set of circumstances though is for the court to decide.
Don't get that may evacuation orders in the UK for wildfires though . No doubt someone will find some obscure stat https://www.motoroffence.co.uk/the-defence-of-dure...
Has been used successfully by people who have driven while over the limit to escape from danger, or to get to hospital. Whether it applies in any particular set of circumstances though is for the court to decide.
fttm said:
Don't get that may evacuation orders in the UK for wildfires though . No doubt someone will find some obscure stat
Well that's true, it's a very hypothetical question as far as the UK goes. As far as the laws of other countries go, it would depend on the country, which of course the OP didn't specify.DeuceDeuce said:
Let s say you re on a villa holiday with your wife, switched off from the world, both drinking lots of rosé by the pool and a text comes through on both your phones telling you to evacuate immediately due to wildfires closing in.
I imagine any police in the immediate vicinity might turn a blind eye but what if you need to drive 1 hour + to get to safety or what if you were involved in an accident?
Go on your villa holiday to a country that doesn't have a drink drive limit.I imagine any police in the immediate vicinity might turn a blind eye but what if you need to drive 1 hour + to get to safety or what if you were involved in an accident?
Pica-Pica said:
It is the same as when you know anything is imminent; 'a birth, someone in the household is prone to seizures, etc. You stay sober, simple as that.
Which is the reason (risk of my O/H having seizures) I haven't drunk a drop of alcohol this year and keep all her meds plus other essentials in a box ready to go in any ambulance - Monday night being the most recent.Bill said:
Years (ok, decades ...) ago I was in Yosemite when there were wildfires and the first thing the authorities did was close all booze outlets. Apparently a lot of people's first instinct in a crisis is to get pissed.
Alcohol is pretty flammable, got to get it out of the house somehow…..Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff