TAS dui enquiry driving in question

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croklien21

Member
13 May 2017
1
0
1
dec i was pulled over for a dui (thc) after the lick stick (positive thc) was taken to the hospital for blood test. I asked the officer if he was going to drive me home or take me back to the car. he told me that having come back it probably wouldn't be ok for me to drive. however on the way back i asked again what he was going to do. no reply. we pulled up behind my car an asked me to get out of his car . i did that and he left. my question is this. was he in the wrong for allowing me to drive home (whereas in other states you are off the road for 24 hours) or is the norm
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi,
I would suggest he failed in his duty to prevent your from driving, but you probably don't want to own up to the driving home part to get even with him, because your act of driving home under the influence is an offence. I personally think the police office failed in their duty to protect you from injuring yourself. But as I said you probably don't want to pursue it because to do so would be an admission of guilt.