A different client swore he had not had any alcohol or drugs prior to driving but the Drug Recognition Expert said he did. After careful investigation it was discovered that my client had a brain tumor that explained my clients driving conduct not alcohol or consumption. That is why you need an attorney who will listen to you and not blow off your crazy ideas.
But back to the fish guy. Does alcohol burn off in cooking? Could this be a viable defense for this guy? I did some quick research on the internet and found that the answer is yes and no. (Typical lawyer answer.)
I found a well written article about the time it takes to burn off alcohol in food when it was cooked. You can find it here. Basically, it says the longer an item is cooked uncovered then the more alcohol is burned off in the dish. But it takes awhile. However, there probably isn't going to be a lot of alcohol in foods that are baked or made with beer as there isn't a lot of alcohol in beer to begin with. The fact that there is not a lot of beer used in beer battered fish, the alcohol content of beer is low and the fish is baked, then this guy should be looking for a different defense.