Police have the power to breath test anyone driving or attempting to drive a vehicle. The driver must undergo a breath analysis when requested by a police officer, as long as the police officer has reason to believe that a person was driving on a public street or attempting to start a vehicle. If the test shows that the driver exceeded the prescribed limit, then the driver will be arrested for a breath analysis, usually conducted at a police station. The general prescribed limit is 0.05 grams of alcohol per 100 millilitres of blood.
If a breath analysis confirms that the driver exceeded the prescribed limit, the police will issue a court attendance notice and the driver will be charged with a drink driving offence.
Our Criminal Lawyers and Traffic Lawyers have assisted many clients deal with drink driving offences. We have successfully represented clients in Local Courts and District Courts across Sydney.
If you rely on your driver’s licence to get to work or take your children to school, then you should ensure that you employ a skilled and competent Criminal and Traffic Lawyers understand the law, proper Court procedures and how your case can be best presented so as to maximise the chances of achieving a positive result for you. We invite you to contact our office to arrange an appointment.
Can I appeal the loss or suspension of my licence?
Whether you can appeal the loss or suspension of a licence depends on the circumstances in which it was lost or suspended. Generally, in circumstances where you have lost your licence due to:
- A decision by the RTA to suspend your licence due to exceeding the speed limit by more than 30 kph but less than 45 kph
- Driving under the influence of alcohol or a drug
- A decision by the RTA to suspend your licence due to exceeding the speed limit by more than 45 kph
Usually if your licence is cancelled or suspended by the RTA or a Court, you will have a period of 28 days to appeal the decision. It might be possible to obtain leave to appeal outside of this time. However, this will only be granted under strict and special circumstances.
Our Traffic Lawyers have extensive experience assisting clients appeal suspensions or cancellations of licences. If you rely on your driver’s licence to get to work or take your children to school, then you should ensure that you engage skilled and competent Criminal and Traffic Lawyers who understand the law, proper Court procedures and how your case can be best presented so maximise your chances of achieving a positive result for you. We invite you to contact our office to arrange an appointment.
Comments (0)
Add a Comment