Jersey Judgment

Arnold v Att. Gen. [1985] JLR_Note 18b (15 January 1986)

Criminal Law Traffic Law Driving Under Influence Post Driving Alcohol Consumption Medical Evidence

Status: Judgment
Jurisdiction: Jersey
Posture: Criminal / Judgment

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Professional case brief

Research organized from the available case record

Holding and result

In cases where the defendant claims to have consumed alcohol after driving, medical evidence is desirable to determine the effect of such consumption on liability for driving under the influence.

Court disposition

guidance issued

Material facts

Parties

Arnold

Applicant

Attorney General

Respondent

Procedural history

Posture

Criminal / Judgment

Questions and positions

Legal issues

01
Whether drinking after driving affects liability for driving under the influence
02
Whether medical evidence is necessary to establish the effect of post-driving drinking

Party arguments

Applicant: Applicant contended that alcohol was consumed after driving, not before, and thus should not be liable for driving under the influence.
Respondent: Respondent argued that liability attaches regardless of post-driving drinking unless medical evidence demonstrates otherwise.

Court’s reasoning

Legal principles

01
Arnold v Att. Gen. [1985] JLR_Note 18b

Medical evidence is desirable to establish the effect of drinking after driving in cases of alleged driving under the influence.

Ratio, limits and disposition

Ratio decidendi

In cases where the defendant claims to have consumed alcohol after driving, medical evidence is desirable to determine the effect of such consumption on liability for driving under the influence.

Court disposition

guidance issued

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

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