Charge

Driving with a prescribed concentration of alcohol – 0.340

Circumstances

Our client had been charged with one count of driving with a prescribed concentration of alcohol, namely a reading of 0.340 per 100ml of blood.

Our client was requested to undertake a breath analysis at her home after a roommate had called the police alleging a drink driving incident.

At the time of being spoken to by police she denied making any comment.

After requesting various witness statements it became evident that drinking had occurred after the event of driving but before police had attended at our client’s premises and requested a breath analysis.

Upon having discussions with prosecution and attending at court we were able to establish that there could be reliable breath analysis reading representing our client’s blood alcohol level at the actual time she was driving.

Ultimately, the charges were withdrawn and our client’s licence was reinstated and she was able to maintain her clean criminal record.

 

DISCLAIMER: This is a real case study of an actual case from Caldicott Lawyers. Details of the client have been changed to protect their privacy. The penalty imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible penalties in South Australian Courts. Caldicott Lawyers do not guarantee a similar case on these charges will get the same result. Please note that Caldicott Lawyers post results at our discretion, therefore while many case studies are good results, others are notable for their exceptional results.

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