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Independent of the incident itself, the article made it sound like the driver would have benefited from hiring a lawyer before making statements to police.

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Sounds like he passed the breathalyzer, yet still admitted to 'having a drink' before driving...

What a fool...

If he's under the legal limit, does it matter if he had a drink?

Yes. You can be judged to be intoxicated even if you are under the limit.

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