On this page:
·Can I Avoid A Drink Driving Conviction?
·How Do You Know If I Can Challenge The Breath Analysis Reading?
·If Convicted of Drink Driving Will I Be Disqualified?
·So The Automatic Disqualification Period Can Be Reduced?
Can I Avoid A Drink Driving Conviction?
Yes – in certain circumstances. Most people plead guilty to drink driving offences. It is possible that no conviction is recorded based upon your excellent character, good driving history, circumstances of the offences, your health, age, antecedents, mental condition and much more. There is specific provision within legislation that allows a Court to arrive at this decision although it is a discretionary matter for the Magistrate.
In some instances, the matter should be defended, or at least the possibility of defending the case. It may be possible to challenge the breath analysis reading. Time limits apply to police demanding a breath test and breath analysis or blood test. There are restrictions on where a police officer can demand a test – for instance not in your home (the meaning of home is not necessarily limited to inside your house!). For accurate advice about your case, contact our criminal defence specialists or drink driving lawyers.
How Do You Know If I Can Challenge The Breath Analysis Reading?
Our traffic experts will ask you to provide us with information about you and your drinking history, events leading up to you being tested and more. We will get information from the police documentation that you have been given and we will obtain other information from the police. We can then advise the likely prospects of being able to challenge the breath analysis. Remember it is the time of driving that is important – not the time of analysis. If we are successful in challenging the reading and you hold a full licence, the charge against you would be withdrawn or dismissed.
If Convicted of Drink Driving Will I Be Disqualified?
Yes. The automatic period will apply unless reason exists to reduce that period towards or to the statutory minimum.
So The Automatic Disqualification Period Can Be Reduced?
Yes. There are 3 circumstances set out in the Guideline Judgment for High Range Drink Driving that have filtered down to mid range and low range matters that have a direct bearing on whether the automatic period of disqualification should be varied. There are also subjective circumstances, such as a good driving record, that will assist, as well as in some cases an analysis of the objective seriousness of the offence. Presentation of your matter can make a big difference to the ultimate result. If your licence is important to you, seek legal advice from one of our criminal defence lawyers or traffic experts today.