Circumstances beyond driver's control. The parking adjudicator dismissed the appeal where motorist received a parking ticket ("penalty charge notice") whilst giving a positive breath test.
Leaving a car following a positive breath test (MK264) -The appellant had left his automobile at the side from the road after having been stopped by the police for drink driving and discovered to be over the legal limit. He appealed against the penalty charge on the ground that he had had no alternative in the circumstances but to leave the car and that he had already been made to pay for his error by the fixed penalty and also the points on his licence for the drink-driving offence. The Adjudicator ruled that being - rightly so - stopped by the police did not amount to circumstances beyond the driver's control, since it's a foreseeable consequence of drinking and driving. He said that the position may have been different had the motorist been acquitted from the drink-driving offence. The appeal was dismissed.
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