Refuse Breath Analysis - Local Court penalties same as High Range Drink Driving - Not guilty plea - Defended Hearing - Not Guilty - Parramatta Local Court - Police Abuse of Power - No Power to Breath Test - Case Dismissed

Published 11 Dec 2011

Case Study

Criminal Lawyers Sydney and Parramatta Offices

Traffic Lawyers Parramatta 

Traffic Offence – Traffic Matter – Refuse Breath Analysis - not guilty plea – Local Court – not guilty – case dismissed - Local Court penalties same as High Range Drink Driving – Abuse of Power by Police - No Power to Breath Test 

Nyman Gibson Stewart

Criminal Lawyers 

Parramatta Local Court 

Represented by Solicitor: Phillip Gibson, Accredited Specialist Criminal Law 

Facts: Client was arrested for breaching an AVO after driving to his ex-girlfriends house whilst intoxicated. At the police station the police demanded he undergo breath analysis. Client refused and was charged with Refusing Breath Analysis. This carries the same penalty as High Range Drink Driving.

Result: At the hearing it was argued that the police had not complied with the correct procedure when arresting our client. Client had not been subjected to a breath test and police did not have the power to demand that he undergo a breath analysis. He had not been arrested for anything related to driving a motor vehicle. The charge was dismissed and our client was found Not Guilty.