ReSULTS

Drink Driving / Withdrawn

Case: Admissions made without caution lead to dropped drink driving charges.

Our client had stopped in a rest area on a highway removing himself from a verbal argument with his partner. Police had reports of a car that matched our clients, found our client and asked him to complete a breath analysis from which he blew over 0.13 which would lead to a mandatory 13 months licence disqualification.

Charges/ Ch1, 2  (drink driving)

Result/ All charges withdrawn

The charge required that police prove our client had been drinking within the prior 3 hours. The evidence against our client was his admissions that he had been drinking. However our lawyer submitted that our client had not been cautioned as to his right to silence and his admissions were inadmissible. Without the admissions police would have had no proof and agreed to withdraw the charges.

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