It’s a typical Friday night, you’re hanging out with friends, and one thing leads to another, and you end up having a few too many drinks. As you’re driving home, you see flashing lights in your rearview mirror, and you realise you’re about to be pulled over. The officer asks you to take a breathalyser test, and before you know it, you’re facing a drink driving charge. It’s a daunting experience, but you’re not alone.
Many people find themselves in this situation, and the best thing you can do is arm yourself with knowledge. In this blog post, we’ll discuss the best way to defend a drink driving charge in NSW. From understanding the different types of charges to knowing your legal rights, we’ve got you covered.
1). Seek Legal Advice
If you are facing a drink driving charge, seeking legal advice from a qualified lawyer should be your first step. A good lawyer can help you understand your legal options and provide guidance on the best way to proceed with your case.
When choosing a lawyer, it’s important to find someone who specialises in drink driving cases and has experience with cases similar to yours. They should be able to advise you on the possible outcomes of your case and the potential penalties you may face if convicted.
Your lawyer can also help you prepare a strong defence strategy. This may involve examining the evidence against you, identifying any procedural errors made during your arrest, or arguing that the breathalyser test used was not accurate.
Overall, seeking legal advice is crucial in defending a drink driving charge. Your lawyer can provide valuable assistance throughout the legal process and give you the best chance of a favourable outcome.
2). Check For Procedural Errors
Checking for procedural errors is another way to defend a drink driving charge. Procedural errors refer to mistakes made by the police or prosecution during the arrest, charge, or trial process.
These mistakes can range from failing to properly administer a breathalyser test to not following the correct procedures for collecting evidence. For example there are time limits for administering breath a breath analysis and a rule that a breath test cannot be required at the person’s home.
If any procedural errors are found, they can weaken the prosecution’s case and potentially lead to the charges being dismissed.
It’s important to note that identifying procedural errors requires a deep understanding of the legal system and the procedures that must be followed. This is why seeking legal advice is crucial when defending a drink driving charge. A lawyer experienced in drink driving cases will be able to review the facts of the case and identify any errors or omissions in the procedures followed by the police and prosecution.
It’s worth noting that not all procedural errors will result in the charges being dismissed or reduced. However, even small errors can weaken the prosecution’s case and lead to a more favourable outcome for the defendant. So, it’s always worth exploring this option when defending a drink driving charge.
3). Challenge The Evidence
Challenging the evidence presented against you is another potential defence against a drink driving charge. This involves questioning the accuracy and reliability of any evidence, such as a breathalyser or blood test results.
Your lawyer may be able to challenge the evidence by requesting an independent analysis of the evidence by a pharmacologist. They may also investigate the circumstances leading up to your arrest, such as the reason for the traffic stop, to determine if there were any violations of your rights.
It’s important to note that challenging evidence can be a complex and technical process. This is why it’s crucial to seek the advice of an experienced drink driving lawyer who has the expertise and resources to build a strong defence.
4). Consider Mitigating Circumstances
In most cases though people choose to plead guilty to drink driving charges, as the evidence is usually solid. Even when pleading guilty having an experienced traffic lawyer on your side can improve the outcomes.
It is often possible to reduce the severity of the penalty imposed by presenting mitigating circumstances to the court. Mitigating circumstances are factors that may have contributed to your actions or factors regarding your personal circumstances.
For example, if there is a good reason that you were driving (such as an emergency), this could be presented as a mitigating circumstance to the court. Similarly, if you were struggling with difficult personal circumstances at the time of the offence, this may also be considered as a mitigating factor. Even factors such as the impact of the licence disqualification can be considered by the magistrate during sentencing.
It’s important to note that mitigating circumstances are not usually a defence to the charge of drink driving, but they can help to reduce the severity of the sentence imposed. To present mitigating circumstances effectively, you may need the help of an experienced drink driving lawyer. They can advise you on the best way to present your case to the court and can help to ensure that all relevant information is taken into account.
Final Thoughts
Defending a drink driving charge can be a complex and daunting process, but it is possible to achieve a positive outcome with the right strategy and approach. Seeking legal advice, checking for procedural errors, challenging the evidence, and considering mitigating circumstances are all potential options to explore. Ultimately, the best way to defend a drink driving charge will depend on the specific circumstances of each case, and it is important to have a strong legal team on your side. So, if you are facing a drink driving charge, don’t hesitate to reach out for professional support and guidance.
Contact Ainsely Law Today
It’s crucial to seek legal counsel from a skilled and knowledgeable lawyer if you have been accused of a drink driving offence so they can explain your options to you and help you defend your case. At Ainsley Law, we have a group of knowledgeable lawyers who focus on cases involving drink driving and are dedicated to getting the best result for our clients. To arrange a consultation and learn more about how we can support you in defending your drink driving charge, get in touch with us right away.
Please call us today at (02) 8294 5697 or leave an enquiry.
