When you are pulled over in your car for a driving offence, you need to be careful about what information you provide to the police. If you are pulled over for drink driving, your judgement may be impaired, which could mean providing more information to them then you should. Even if you have committed the offence for which you were fined or arrested, you need to get a lawyer to help you.
Drink Driving Defences
Drink driving lawyers in Sydney can help you come up with a defence that may get any penalties reduced or dropped if they are successful. Some of the possible defences they could use include:
- Questioning the legitimacy of the stop
- Questioning the accuracy of the breath analysis
- Questioning the time between being stopped and a test being done
Although you may have committed the offence, you are still entitled to have a lawyer defend you, especially if arrest procedures were not properly followed. You have certain rights when you’re stopped by the police, and, if those rights are violated, then any charges against you could be dismissed when you go to court.
Being Stopped by Police
One of the defences your lawyer may use is to question why your car was stopped by the police. The police have broad powers when it comes to pulling your car over. They can stop you if they suspect you have committed an offence, or they can stop you to administer a breath test. Even if your driving doesn’t indicate you’ve been drinking, you can still be pulled over for a breath test.
If the police indicate that you are being pulled over, you have to stop. If you don’t, you can be penalised by being imprisoned for up to three years, and you can lose your driving privileges for three years. When you are pulled over, the only information you are required to give is your name and address. You should also show the officer your driver’s licence. Beyond that, you do not have to answer any questions.
Taking a Breath Test
If you are asked to take a breath test, you shouldn’t refuse to do so, because you can be penalised for that. When you refuse a roadside breath test, you could be fined up to $1,100 because it is a criminal offence. However, the breath test is not admissible in court, so its reading cannot be used against you.
If you are arrested, then you may be given a breath analysis test to get your PCA level, but it has to be done in a timely manner. A breath analysis has to be done within two hours of you being in a car, so if it was done after two hours has elapsed, it cannot be used against you in court.
Your attorney can question the readings based on your size, when the test was administered, and the accuracy of the machines. Don’t admit your guilt if you are arrested for drink driving. Speak to a lawyer and let them help you.