The drink driving laws are some of the most complex and technical of all of the laws and very few firms have specialist drink driving lawyers.
We acknowledge that many people who are stopped for drink driving are ordinary nice people who have simply made a miscalculation and are not some heinous criminal as some would have us believe. We understand that the consequences of a conviction might result in a loss of job with significant financial repercussions.
If you are stopped for a drink driving offence then obviously you are not requested to blow in the breath analysis machine (not the screening test) until much later. Imagine the difficulty the police would have in trying to prove what your reading was at an earlier time without knowing how quickly your body eliminates alcohol and what your drinking pattern had been on the occasion in question. The police would be forced to call a qualified doctor in every case to attempt a back calculation.
The cost would be great and the task difficult, so the government decided to take your rights away and create a legal fallacy. That fallacy allows the police to presume that your breath analysis reading remains constant for two hours prior to the breath analysis. The police can then rely upon this presumption to prove that your reading, taken when you blew into the machine, also existed at the time of driving. The trade off for allowing the police to rely upon this legal fallacy is to ensure that the police strictly comply with a number of prerequisites before allowing them to do so.
We at Woods & Co Lawyers pride ourselves on our knowledge and expertise of SA Traffic Law. At your appointment, we will go through all of your documentation and ask you lots of odd questions in order to ensure that the police can prove the case against you. Given the consequences that follow for many people, it is a small investment that we believe is worthwhile.
We have successfully defended many people for drink driving offences. We are located in central Adelaide and are highly regarded in South Australia in the field of Traffic Law. We will be able to advise you how best to deal with your matter and whether or not you should plead guilty.
If after providing you with advice it is likely that you have to plead guilty, we may still be able to assist you with having the licence disqualification reduced significantly from that which you may achieve if unrepresented.
In addition, some people simply just can’t face the thought of appearing in court and telling the magistrate what happened and why they need their licence. We do that every day and can assist you. Sometimes, you don’t even need to come to court if you engage our firm to represent you.