Ultimate Defense Strategy To Beat Drunk And Drive Case – Shares The 2023 ThreeBestRated® The Sydney Criminal Lawyers, Sydney
Industry: Legal Services
Sydney, New South Wales (PRUnderground) April 19th, 2023
Drink driving, known as driving with a prescribed level of alcohol, is one of the most frequently charged criminal offences across Australia. And while many drivers plead guilty to the offence, they have their lawyers amend the police papers to make the facts less serious, as well as to guide them on how to prepare an apology letter to the court and character references with a view to persuading the magistrate to impose the most lenient penalty available in the circumstances (which may include avoiding a criminal record and a licence disqualification altogether), say the experts from Sydney Criminal Lawyer, Sydney.
There are also a number of ways to defend the charge pursuant to a not-guilty plea. This includes,
An effective defence against ‘drink driving’ is to prove that the driver’s blood alcohol concentration was lower at the time of driving than when analysed by police later. Studies make it clear that a person’s blood alcohol concentration rises for a period of 30 minutes to an hour after their last drink, meaning if someone has a few ‘quick drinks’ and gets ‘behind the wheel’ immediately, their blood alcohol concentration may be significantly lower than when tested on a breath analyser machine later.
Several factors that can determine whether a driver’s reading was likely to be lower than when tested are age, sex, and weight, when and what food was consumed, number and type of drinks, time of first and last drink, and time of ‘breath analysis’.
Additionally, it is imperative to note the “Two-Hour” Rule, which prohibits the police from breath testing an individual more than 2 hours after the person’s last drive. If they do so, the evidence will be excluded by the court.
The “Home Safely” Rule:
Similarly, it is illegal for police to breath test a person on his/her own property. When they violate the rule, the evidence can be excluded by the court.
Honest And Reasonable:
This defence is available to individuals who honestly believed they were under the limit when driving, and that belief was reasonable considering the circumstances. Though it is easy to prove that the person’s mistake was honest, it is becoming more and more difficult to prove that it was “reasonable”, due to widespread advertisements against “drinking and driving”.
General defences to criminal offences:
General defences may also apply to the circumstances of a drunk driving case. And, they are:
- Duress: This is where a person was forced to drive due to an imminent threat to them or someone close to them, and that threat was continuing and serious enough to justify driving.
- Necessity: This defence applied to emergency-type situations, where a person drove to avoid serious or irreversible consequences to him/her or someone close to them and that driving is a reasonable and proportionate response to that situation.
- Self Defence: This is where an individual drove to defend themselves or another person or to protect property from being taken/damaged. And the driving is reasonable too.
“In the event, evidence is raised of any of these defences, the onus of proof then shifts to the prosecution to prove beyond a reasonable doubt that the defence does not apply in the circumstances. If the prosecution fails to do so, the driver is entitled to an acquittal; in other words, a verdict of not guilty”, explains the firm.
Sydney Criminal Lawyers – How They Remain Unique:
Sydney Criminal Lawyers is a prominent criminal law firm working on its prime goal of providing legal service that is focused on clients and achieving exceptional results, rather than on financials. Understanding the difficult situation their valued clients are going through, they combine their decades of experience with empathy, respect, and compassion to bring the desired outcomes.
They are the first criminal law firm in Australia to provide fixed fees for their services and their fees are listed on their website: https://www.sydneycriminallawyers.com.au/ The first conference is always FREE at their firm. For the convenience of the clients, they have opened their offices at 9 Locations across the Sydney Metropolitan Area and beyond. The firm proudly says, “We promise to continue providing our clients with the highest quality legal service at an affordable price, as we have for more than two decades.”
Having an exceptional track record of consistently achieving positive outcomes, they take pride in serving all types of criminal and traffic cases ranging from common assault, AVOs, drug possession, and drunk driving to commercial drug importation and supply, multi-million dollar fraud, serious and sexual assault, manslaughter, murder allegations, and other related cases.
The quality of their service is reflected in many awards and accolades they have received over the years including 900 Google 5-star ratings, Criminal Defence Firm of the Year in Australia for several years running, and ThreeBestRated® award after passing their 50-Point Inspection. Over decades, they have been providing free legal information to their clients through their various social media like YouTube, NSW Courts, NSW Pocket Lawyer IOS App, Facebook, etc…
“The focus of our firm is and has always been on the interests of our clients – being accessible, helping to relieve the uncertainty, stress, and anxiety often associated with court proceedings, and fighting to achieve the optimal outcome for them in the shortest period of time at an affordable price”, says the firm.
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