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Deleted User
It depends upon how you interpret the words 'no likelihood of his driving it so long as he remained unfit'. Even if you are tucked up in bed you still have the ability to get up and drive the vehicle any time you wish even if unfit. I agree it is not likely but it is possible so could you say there is no likelihood.Would they have to ! The law states 'at that particular time' not how an officer of the law determines your ability in 30 minutes or an hours time. Common sense prevails, I believe. If he/she has no cause to nick you because your not in charge of your vehicle, even if drunk and there are no changes of circumstances with respect to being in charge of your vehicle how can time alone make a difference.
I assume, like most people, that common sense would prevail.