DUI Offence..technicality?

JAYBA · 13-07-2007, 01:36 PM

hi just after a bit of advice or experience

Recently got pulled after after a work dinner where i had a few wine's
and blew .113 at the scene was taken to station and sat for a while where i blew .0819#####

just had my court order and offence description sent to me in the mail and on the police(prosecutors) statement it states the events and that i blew
.0113 at the scene(instead of .113) and .0819## at the station

is there any chance of this holding up in a court as to what i actually blew at the scene or a technicality?
may be a long shot but just a thought and any advice will be appreciated-
(as long as its not 'you drank & drove your a bloody idiot and you should take responsibility for your actions') as i am aware it wasnt a smart move driving home that night.

b0son · 13-07-2007, 01:39 PM

You're a drink driver. Do everyone a favour, take your punishment and learn your lesson. (gets off soapbox)

That said, the station reading is still over the limit, so I doubt there's much you can do.

uranium_death · 13-07-2007, 01:46 PM

The station reading is the more official one. Whether it is more accurate or not, I have no idea.

Regardless, you're done.

Taxi!

schnoods · 13-07-2007, 01:57 PM

How much time was it between the 2 breath tests.

Your Blood alcohol reading will vary with the times it has been tested as well as how long before your last drink.

Regardless you have done your dough.

irlewy86 · 13-07-2007, 02:00 PM

The roadside RBT counts for a whole lot of nothing. I sriously doubt that they would bring it up in court. The only reading that is considered evidence of you drink driving is what you blew on the big girl back at the station. Besides you blew 0.0113 at the roadside they would have let you go.

NA XR6 · 13-07-2007, 02:02 PM

Drink driving its a crime
Station is the official test anyway

Unco · 13-07-2007, 02:03 PM

the station reading is the one that's used in court as far as i'm aware. it's a different type of breathalyser used at the station (bigger, sits on a desk), not a hand held one. whether it's more accurate, i don't know. i guess 'bigger' could mean 'better'?

JAYBA · 13-07-2007, 02:29 PM

thanks for replies just be takin it on the chin as i thought

clontarf_x · 13-07-2007, 02:39 PM

The one at the station is what they take the official readings from, hence the whole time thing. Basically yeah, no chance disputing it, if you were over you were over.

XRchic · 13-07-2007, 02:46 PM

I am fairly sure that the breath test on the side of the road will not be the one used in court, it will be the station one, I am sure.

JAYBA, good luck with it mate. It seems you have learned your lesson, and you wont be doing that again in a hurry. Everyone makes mistakes, some worse than others - my partner is about to go to court for the same thing... and he is like you, he looks back and he doesnt know what got into his head to make him do that, on the night.

Danny · 13-07-2007, 04:14 PM

I can understand Disputing a Speeding fine, but a drink driving charge!!?

Lesson learnt there... Chalk up another for the station breth-o that they use as evidence.

TheSneakiness · 13-07-2007, 04:19 PM

Hang on...

Quote:

Originally Posted by JAYBA

just had my court order and offence description sent to me in the mail and on the police(prosecutors) statement it states the events and that i blew
.0113 at the scene(instead of .113) and .0819## at the station

If it says on official police document that you blew .0113, won't the court look at that and let him off due to not being over the limit in the first place?

Scott · 13-07-2007, 04:20 PM

Quote:

Originally Posted by Danny

I can understand Disputing a Speeding fine, but a drink driving charge!!?

Sometimes slip-ups happen, there's nothing wrong with challenging a decision.

congo3sr · 13-07-2007, 05:11 PM

Quote:

Originally Posted by JAYBA

hi just after a bit of advice or experience

Recently got pulled after after a work dinner where i had a few wine's
and blew .113 at the scene was taken to station and sat for a while where i blew .0819#####

just had my court order and offence description sent to me in the mail and on the police(prosecutors) statement it states the events and that i blew
.0113 at the scene(instead of .113) and .0819## at the station

is there any chance of this holding up in a court as to what i actually blew at the scene or a technicality?
may be a long shot but just a thought and any advice will be appreciated-
(as long as its not 'you drank & drove your a bloody idiot and you should take responsibility for your actions') as i am aware it wasnt a smart move driving home that night.

Your going to have to get a lawyer anyway,so check with them.
cheers,George

Trevor 57 · 13-07-2007, 05:20 PM

Somtimes they read in milligrams, which is why the reading is different

Unco · 13-07-2007, 05:54 PM

Quote:

Originally Posted by congo3sr

Your going to have to get a lawyer anyway,so check with them.
cheers,George

not necessarily. a lawyer is not going to achieve any more than him if he chooses to represent himself.

XRated · 13-07-2007, 06:26 PM

It'll be the one recorded at the station as has been said.

shepv8 · 13-07-2007, 06:34 PM

Quote:

Originally Posted by Danny

I can understand Disputing a Speeding fine, but a drink driving charge!!?

Lesson learnt there... Chalk up another for the station breth-o that they use as evidence.

I can tell you because my mate went through this. The side of the road test counts for nothing. All that does is gives the cops an idea whether they should take you back to the station for a test on their machine which is more accurate, and as it happens, the official reading that will be considered at your trial.
You wont get off it but an expensive lawyer will help you get the "best" deal. A crap lawyer will see you recieve the harshest possible outcome.

Ozfords · 13-07-2007, 09:01 PM

Ha, if anyone gets let off on a typo saying you blew less before the machine, then justice is dead.

If you blew 0.08##, in NSW that'd be middle range drive with prescribed concentration of alcohol, which is a bit of a bit.

sheldzzz · 13-07-2007, 09:15 PM

obviously the rbt machine is not calibrated properly

sheldzzz · 13-07-2007, 09:17 PM

any way most of the southafrican cops are currupt and the young blokes are just as crook as the bloke they locked up, offer them money usally makes them ski-daddle prity quick lol

TheSneakiness · 13-07-2007, 09:19 PM

Quote:

Originally Posted by Ozfords

Ha, if anyone gets let off on a typo saying you blew less before the machine, then justice is dead.

Justice died ages ago mate...

Keepleft · 13-07-2007, 09:22 PM

Quote:

Originally Posted by Unco

not necessarily. a lawyer is not going to achieve any more than him if he chooses to represent himself.

A solicitor or barrister will generally plead far more effectively than a mere mortal member of the public, UNLESS the member of public is genuinely learned at law, is not a bighead, and knows how to express him/herself correctly.

Most of the time it is a big UNLESS. Many chatterers in society.

Stay away from grog, illegal drugs when on the road, just not worth it.

MITCHAY · 13-07-2007, 09:30 PM

A good lawyer can go a long way. My brother has got off heaps off crap fairly lightly not that I'm proud to say.

Yellow_Festiva · 14-07-2007, 09:11 PM

Quote:

Originally Posted by Ozfords

Ha, if anyone gets let off on a typo saying you blew less before the machine, then justice is dead.

Geeze, what was that case they were about to re-open because the court documents were MISSING A STAPLE.........

Was a murder, happened years ago I think??? ...

Nothing surprises me these days. If they recorded the info wrongly than chances are you have a chance of getting off based on that technicallity.

RIPGMH · 14-07-2007, 09:18 PM

If the official recorded roadside figure was under the legal limit then why were you at the station. Its like people that get off on stuff because the police didn't have a warrant. If it shows you were under the limit initially then you shouldn't have been taken to the police station regardless of if its a cockup or not.

Unco · 14-07-2007, 10:00 PM

Quote:

Originally Posted by Keepleft

A solicitor or barrister will generally plead far more effectively than a mere mortal member of the public, UNLESS the member of public is genuinely learned at law, is not a bighead, and knows how to express him/herself correctly.

Most of the time it is a big UNLESS. Many chatterers in society.

Stay away from grog, illegal drugs when on the road, just not worth it.

i agree, but when it comes to drink driving, in my experience and from being in a court room all day, everybody, and i mean every single body got the same punishment regardless of whether they had a solicitor or whether they represented themselves. there were guys who didn't have a lot of social skills and all they had to do was agree to the charges and plead guilty.

i guess if you're going to plead not guilty, then you'd want to know what you're doing in court... otherwise, yes, you would most probably need a solicitor, and only then i think it would make a difference.

Nostalgia · 15-07-2007, 12:02 AM

Mate you were obviously over the limit and driving. No amount of pi$$ and moaning will change that. Lets just hope that you learn from this.

robbo_yobbo · 15-07-2007, 12:14 AM

You could get off this yet - deffiniteley get a lawyer though. Theres a large discrepency in the official readings, and you should benefit from that - the cops arent going to be able to remember back because they deal with so many cases (no matter how much they claim they can), so whats on paper is what counts.

With breath tests, they have to take at least 2 readings in all cases to reduce the chance of innacuracies. The reason that they always take the police station reading on your official fine, is because thats always the lower reading, and they have to take the lower one (in your favour).

Now what you have going against you is reality - the first and lower reading is a typo - otherwise you wouldnt have been taken back to the police station in the first place for a second test, but it could be argued if they made one mistake there, then whos to say what else was correct and what wasnt and if you should have even been taken back to the station at all - it opens up a whole other ball park, and your going to want to hope you didnt give them a statement that incriminates you any further.

Point being, you do have a leg to stand on, albeit a measly lonesome scrawny one, but its better than nothing.

Get a lawyer, and ask thier advice - a good one can work miracles. GOOD LUCK

MRJUCY · 15-07-2007, 12:28 AM

I believe they charge you on what you blew at the station anyway, I've heard of people blowing just over at the road side but being let go because by the time they get to the station they're under anyway. Can't say I feel sorry for you but I guess if I mucked up & got done I'd try anything I could.