At Nicopoulos Sabbagh Lawyers, we
understand the serious implications of a drink driving charge. Being charged
with drink driving can have significant consequences, including fines, licence
suspension or disqualification, and in some cases, even imprisonment. However,
it’s important to know that there are legal defences available to individuals
facing drink driving charges. In this blog, we will explore some of the key
legal defences that may be applicable in NSW drink driving cases.
1. Inaccurate Breath or Blood Test
One of the most common legal defences in drink driving cases
involves challenging the accuracy of the breath or blood test results.
Breathalyzers and blood tests are used to measure a person’s blood alcohol
concentration (BAC), and inaccuracies in the testing process or maintenance of
testing equipment can potentially lead to unreliable results. Your legal
representative may challenge the accuracy of the testing procedure or the
calibration of the testing equipment to cast doubt on the validity of the BAC reading.
2. Failure to Follow Proper
Police officers are required to follow specific procedures
when conducting a traffic stop and administering breath tests. If it can be
demonstrated that proper procedures were not followed, it may provide grounds
for a defence. For example, if the police did not have reasonable cause to stop
the vehicle, or if the breath test was not administered correctly, it could
potentially weaken the prosecution’s case.
3. Necessity or Duress:
In some circumstances, a person may have driven under the
influence of alcohol out of necessity or due to threats or coercion (duress).
For example, if driving while over the legal alcohol limit was the only way to
avoid a greater harm, such as a medical emergency, this could potentially be
used as a defence.
4. Honest and Reasonable Mistake of
Another potential defence is an honest and reasonable
mistake of fact. This defence may apply if the driver honestly and reasonably
believed that they were not over the legal alcohol limit at the time of
driving. For example, if there was a genuine belief that the last drink
consumed had a lower alcohol content than it actually did,
this could be used as a defence.
Facing a drink driving charge in NSW can be a daunting
experience, but it’s important to remember that there are legal defences
available. Successfully mounting a defence in a drink driving case often
requires the expertise of a skilled and knowledgeable lawyer. At Nicopoulos Sabbagh Lawyers, our experienced team
understands the complexities of NSW traffic law & Criminal Law and our
solicitors & Barristers can provide the guidance and representation needed
to navigate the legal process effectively. If you or someone you know is facing
a drink driving charge in NSW, don’t hesitate to contact us for personalized
legal assistance tailored to your specific circumstances.
Should you Choose Nicopoulos Sabbagh Lawyers to
represent you in your Court Case?
Nicopoulos Sabbagh Lawyers a reputable Law
Firm is the leading Law firm in both Criminal Law & Traffic Law matters. Nicopoulos Sabbagh Lawyers has dealt with the most complex
matters and our office appears in all Jurisdictions in Criminal Law.
is too complex for the team so be sure to book your first Free Consultation
is very important that you speak with a lawyer so that you can get the
appropriate legal advice which you require prior to going to court.
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 30th January 2024.
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