South Australia recently changed its drink-driving laws, controversially allowing individuals to be convicted of drink-driving, even if they were sober at the time they were behind the wheel of a vehicle.
For example, if there has been a traffic accident, the motorists involved are usually directed by police to submit for a breath test immediately. If for some reason any of the motorists involved leave the scene of the accident without being tested, they may be called upon to do so, within hours afterwards. If any of these drivers record a blood alcohol level over the legal limit, they have previously been able to present evidence that ‘intervening drinking’ may have affected their breath analysis result. However, the Road Traffic Act has been amended to remove this provision and extend the legal presumption that the result of a person's breath analysis test is deemed to have been their blood alcohol concentration for the preceding three hours (previously two hours), and therefore are assumed to have been drink-driving.
The primary aim behind these changes has been to assist in the prosecution of repeat offenders who used the 'intervening drinking' defence as a loophole to avoid conviction - even though this scenario was uncommon.
It is important to note that police officers can now immediately disqualify a driver's licence upon obtaining a positive result, leaving motorists in this situation with no alternative but to abstain from alcohol consumption less than three hours after driving.
To defend a charge of drink-driving, individuals must review whether all legal requirements relating to the conduct of the breath analysis were complied with. This is a highly technical area of law, and it is recommended to seek advice from experienced traffic lawyers, such as Scammell & Co Solicitors, who can advise individuals charged with drink driving or any other type of traffic offence.
Our lawyers can help you navigate the justice system and represent you in any court proceedings. They will examine your situation (including the facts and circumstances surrounding the offending). They will undertake any negotiations with Police Prosecution, pursue your defence at a trial, or prepare and conduct submissions in mitigation of penalty and if appropriate, an application for no conviction to be recorded.
For further information about the services offered by a Scammell & Co Traffic Offence lawyer, please follow the link HERE
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
