How to win a drink driving case скачать в хорошем качестве

How to win a drink driving case

How to beat a PCA or DUI charge due to unsafe reading, the two-hour rule, home safe rule or honest and reasonable mistake. Visit our blog for further information on how to beat a drink driving charge: https://www.sydneycriminallawyers.com... Sydney Criminal Lawyers® are a team of experienced and highly respected Criminal and Traffic Defence Lawyers with offices located opposite Sydney's Downing Centre Court within the Sydney CBD. Don't forget to Subscribe to our Channel for more videos! Transcript: This video is about how to win a drink driving case. Now there are four main ways to win a drink driving case. The first and most common way is to rely on what's called an unsafe reading. Now in order to find you guilty of drink driving the court must find that the time of driving, rather than later when you're tested, at the time of driving your blood alcohol concentration was at a particular range; particular prescribed range. Now normally if you're taken to the police station it will be approximately 40 minutes or an hour after the time that you're driving. So they will take your breath analysis there at the police station and the reading will come up on the machine. Now whatever reading comes up on the machine that does not mean that the time of driving 40 minutes or an hour before you had that same reading. Now there have been many studies to show that your blood alcohol concentration or BAC goes up for 40 minutes or an hour after you take alcohol. So for example if I were to drink a few drinks and then jump into my car and I started driving. That alcohol may not be at the same range it may be at a lower range then 40 minutes or an hour later. So that's the first way to defend a drink-driving charge. It's called unsafe reading. Now how do you do that? The way that you do that is to obtain what's called a pharmacological report. It's a report which assesses your weight, your sex, how much you drank, what you drank, when you drank it, things like that, and it comes up with a reading at the time of driving rather than later when you were taken to the police station for breath analysis. Now if you get a pharmacological report and it comes up that your range of blood alcohol concentration was lower when you drove then we can send that to the police and ask for the withdrawal of the charge on the basis that you are under the prescribed range of alcohol. Alternatively we can ask for example that a charge of high range drink driving be reduced to a lower range such as mid range or low range depending on the outcome of the report. Now if they refuse it police refuse to withdraw the charge, we can fight it in court for you the basis on the pharmacological report, and the expert that would have to attend court that day. That's the first and most common way; unsafe reading. The second way is called the two hour rule. Now a lot of people know that police must test you at the police station within two hours of driving. So for example if you are pulled over at 11pm and the police weren't able to test you until 1.30 am then that testing at the police station the breath analysis would be inadmissible in court, can't be used in court. So that's called the two hour rule. The third way is called a home safe rule. So that means that if you driven and you're on your own property at home then police can't test you on your property. That's the home safe rule. Finally there's something called honest and reasonable mistake. Now honest and reasonable mistake means that you didn't know you made a mistake as to your reading at the time when you drove. Now there's a lot of publicity about drink driving so it will be hard to prove what's called honest and reasonable mistake. A lot of mistakes might be honest well I might have a drink or two and then inappropriately of course you wouldn't drive, but if I may have a drink or two and then drive and they say look I honestly thought that I was under the limit but the court may find that that mistake is not reasonable so an honest and reasonable mistake because there's so much publicity about drink driving and I should have known that I could have been into the low range. However for example if your drink is spiked or somehow someone supplies you with alcohol without you knowing it you know cocktail or something like that I suppose then you may be able to rely on that defence of honest and reasonable mistake to fight your drink driving charge.