There's plenty of precendents for this defence, though it's more along the lines of being arreseted after leaving the scene of an accident, i.e. car is found crashed or reported as not having stopped at an accident and person is arrested later - if they claim that they have had a drink since the accident - "I was pretty shaken up officer, so I had a couple of large whisky's to settle my nerves" - there's not a lot that the cops can do other than charging them for not stopping or leaving the scene of a crime.

As far as this story goes, I (a) can't really believe it because there's no chance that somebody would be let in the back of the van with somebody arrested for drink driving; and (b) drink driving cunt.
( Hunter Stockton was murdered by a bicycle wielding axolotl,.,.,.,., Tue 31 Jan 2012, 12:38, 1 reply)

none of those precedents involve them actually having evidence that you were over the limit though
unlike this case.

and, to be fair, in the scneario you mention above, they'll just do you for leaving the scence of an accident, and you'll get a nice tidy year ban for that. Police = strangely not mostly stupid. For recent evidence, see Bannan, Barry, estwhile of this Scotch parish, now playing for Aston Villa.
( the mighty badger Aphrodite, on a bar stool, by your side, Tue 31 Jan 2012, 16:46, closed)

unlikely
i crashed my car on my way to work one morning.
i had no phone at the time, so i couldn't call anyone and report the accident, so i flagged another car down and got a lift home.

my wife drove me back a little while later, at which point the police had arrived and they didn't say anything about me leaving the scene, and only expressed surprise that I wasn't injured in any way
( real i'm not happy 'til you're not happy, Tue 31 Jan 2012, 22:55, closed)

That's because there's no requirement for you to report an accident if nobody's been hurt (apart from the driver) or nothing's been damaged (apart from the car).

You only need to report a single vehicle accident if you've:

Damaged roadside property of some permeance (if you've hit a parked car, you need to either exchange details or report it as soon as you can, but no later than 24hrs)
Caused injury to a person other than the driver
Killed or injured an animal (Dog, cow, sheep, horse, donkey)

And then only if there is nobody about with whom to exchange details.
( multijoy, Wed 1 Feb 2012, 19:38, closed)

i knocked down a lamp post and killed tree

( real i'm not happy 'til you're not happy, Thu 2 Feb 2012, 2:46, closed)