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Drink Driving is one of the most common criminal offences before the Courts and it is important to seek advice from an expert traffic lawyer.
Your licence type will determine what level of BAC you are permitted to drive at. All learner drivers and probationary (level 1 and 2) drivers are required to have a zero BAC level. All other drivers are generally allowed to drive if they have under .05 BAC, however if you have a zero condition licence, you must also have a zero BAC level. Failing to perform a preliminary breath test carries with it a mandatory 2 year minimum loss of licence.
To successfully prove a case of drink-driving, the Police have to prove beyond a reasonable doubt that:
- You did drive a motor vehicle;
- On a Public Road; and
- With a blood alcohol concentration level above the prescribed amount of 0.05.
What is not known by people charged with this offence is that there are a number of defences available for Drink-Driving.
One defence which exists for drink-driving is the “home safe” defence. What this essentially means is that the Police cannot request you to submit to a breath test at your home. Any breath test that is undertaken in the home is unlawful and it can be argued the breath test was illegally or improperly obtained and that any evidence of the breath test is inadmissible.
The legal definition of “home” is expansive in that Courts have held that a person can have more than one “home”.Further, if you live in an apartment or unit complex, the definition of “home” can extend to common areas and driveways.
If you are charged with a drink driving offence, you need expert drink-driving lawyers. Contact Thexton Lawyers for your first free consultation. You can call 1300 388 298 or email email@example.com.
FREQUENTLY ASKED QUESTIONS
to your common criminal law questions:
Yes. You may have a cause of action against the police and/or individuals involved. It depends on the case, the details of the mistreatment and the evidence.
Generally they can, only if they have a search warrant, or if they have reason to believe that a person is on the property and there is cause to arrest that person, but not for all offences.
Birth parents or biological parents can be charged with criminal offending against their own children.
Such a person may have prospects for an appeal on the basis that there was nothing challenged regarding the circumstances.
The people growing medicinal cannabis may raise a defence in my view of necessity.
We are able to provide advice in respect to both State and Commonwealth laws, and also other State laws for that matter.
Yes, this is your private information that you are entitled to have a copy of.
You should write a letter to the chief magistrate and also to your local PM and tell them to get a transcript of the day that you were in court. If you don't get a reply, keep following up until you do. This is the sort of thing that can bring about a major change.
Parking fines can become part criminal if a warrant is issued to enforce them and that is what can lead to jail. It is also possible to issue a civil warrant for arrest to bring a person to court and this is essentially how fines are enforced.
Victoria Police have a policy in place called the “Information Release Policy” that applies to requests for a person’s criminal conviction history. The police policy states that it will release details of prior offences if 10 years has passed since an adult was last found guilty of an offence, and a five year waiting period applies to juvenile offending. After these periods the criminal history should not be released.
I think this would be a breach of the relevant Work Cover legislation that may give rise to a criminal prosecution.
Yes, it is possible to defend an application for forfeiture of a vehicle.