DUI requires the prosecution to prove that a person was driving a motor vehicle while so much under the influence of liquor or a drug that they were incapable of exercising effective control of that vehicle PCA, unlike DUI, requires the prosecution to prove, among other things, that a person drove a motor vehicle while there was present in that person’s blood a quantity of alcohol exceeding an amount specified by parliament ( in most cases 0.05).
A lot of people mistakenly believe that once they submit to a breath analysis machine and it displays a high reading, they are automatically guilty and that is the end of the matter. This is not always the case.
The police are required at law to abide by many procedures before the prosecution can prove that a person is guilty, including giving a person their rights with respect to obtaining a blood test, providing relevant matters and ensuring no unfairness was suffered by the driver. If the police do not do as they are required to by the law then the prosecution may not be able to prove their case resulting in the withdrawal of the charge or a person being found not guilty of the offence.
Examples of cases we have successfully defended on our clients’ behalf, where the police have failed in their duty required by law are:
- The withdrawing of a charge due to a lengthy delay between each breath sample
- A not guilty finding due to a breath analysis being conducted outside the required time frame.
- Prosecution withdrawing a charge due to the police failing to provide our client with their ‘blood rights’.
- A charge against a client being withdrawn as a result of an Alcohol ‘back calculation’ displaying that the breath analysis displayed an exaggerated reading.
Penalties associated with drink driving are severe and often result in lengthy periods of licence disqualification.
In South Australia the police have the power to issue an immediate licence disqualification before a matter reaches the court.
At Almeida + Associates we recognise the importance of a person’s licence and the difficulties associated with the loss of their licence.
If you have been issued with an instant loss of licence, received a summons to attend court or have been arrested for a ‘drink driving’ offence, contact our office and we will advise you of the best approach to your matter.
Drug Driving South Australian legislation gives the police power to test drivers for the presence of drugs in their system. The test is through a saliva test. The drug tests administered are capable of detecting drugs such as cannabis, methyl amphetamine and ecstasy.
If drugs are found to be present in a person’s saliva sample then that person is liable to be issued with an expiation notice and in some circumstances can face a licence disqualification.
A defence is available to this charge that the driver did not willingly ingest the prescribed drug.
We will thoroughly examine your matter to ensure the best defence is provided.