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It’s not your fault. The infraction is drinking and driving. If you drink first then drive you’re not really committing that infraction.
The prosecution will try to prove that you’re a mean drunk in that case, and that you did it to be an asshole intentionally. That’s why it’s imperitive to invite the judge out for drinks so they know how fun and cool you are first hand.
I remember someone tried this defense in court in Japan in the mid-90s. I can’t remember if it worked.
Damn liquor! It did it! Not me! I swear, occifer!
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Yes, no, we’re not putting a label on things right now, idk that’s why I’m here!