Defences – Drink Driving
Contact lawyer Alistair Haskett free on 0800 DRINK DRIVE (0800 374653) or 021 920031
Many motorists assume the police did a good job and that there won’t be a defence. It is actually rare for a police officer to do a perfect job when processing a motorist. It is very likely that there is a valid and lawful defence to your case or that consequences can be minimised or avoided altogether.
Defences are not limited to the obvious ones like whether you were the driver or were on a road. The Supreme Court has stated that if the procedures performed by police do “not pass muster” the subsequent breath or blood test results cannot be relied on in a prosecution – even if you were over the limit.
This means there are many procedural, fairness and rights-based defences, which relate to how the police handled the process when you were stopped and tested. Defences may relate to how, when and where you were stopped. Or, they may be based on what happened on a booze bus, at a police station or in a hospital.
How can you tell if you have a valid defence? You probably can’t, but we can. Drink Drive Law is confident we will identify the best possible defence. We have that confidence because we are vastly experienced in this area of law, unlike most other lawyers. We will provided you with advice on the prospects of successfully defending your case for an initial fee. Additional charges only apply if you then go on to defend the case or take a different pathway requiring additional work. We charge clear and fair fees in stages, rather than an all up lump sum whether or not you go through with defending the case. That way you get top advice on your options before committing full fees on a defence.
If you decide to defend the case we will work out the best strategy. We will vigourously test the prosecution case and advance the strongest defence. It is our expertise that leads to this sort of comment from one judge: “after listening to the cross-examination I was left with a poor impression of the officer’s evidence…there was a lack of precision in the detail and it had to be dragged out of the officer as it were under cross-examination”. You are presumed innocent, and we like to keep it that way.