Prosecution Mistakes

Prosecution Mistakes: What Are Your Rights?

A lot of drivers are often frustrated because they get fined for making minor errors in their paperwork. These errors are unintentional and are often just due to forgetfulness, but they get a huge fine for them.

Their frustration gets worse when the officer writing out a ticket for drink driving makes his own errors. It doesn’t seem fair because errors made by the authorities are often excused while clerical errors made by the driver are counted against them.

Can Prosecution Errors Get My Charges Dropped?

Many clients ask us if prosecution errors can be valid reasons for them to be excused from appearing in court or to have their fine dropped.

Every now and then, an error would be a good enough reason for the drink driving charge to be dropped. However, the mistake must be something that would cause the Magistrate to doubt whether you were rightfully charged or whether the law was actually broken.

Sadly, charges are rarely dismissed this way. Most errors are just corrected. The charge usually remains.

Magistrates Allow Error Corrections

Magistrates can amend Court Attendance Notices according to NSW laws. That means if you decide to contest your drink driving charge based on a mistake on the charge documents, the Magistrate will allow the prosecutor to correct the error. Common mistakes include misspellings or typos.

Even if errors were found in the evidence collected by the officer, that will not automatically invalidate the drink driving charge. The Magistrate will allow the inspector to provide an explanation of the error. If the Magistrate deems the explanation to be sufficient, then the inspector can correct the error, and the charge remains.

Prosecution Mistakes

We understand how this will probably make a lot of drivers more frustrated. Why can’t the authorities be a little more understanding about minor errors made by the drivers? If the mistake does not result in compromising safety, then instead of charging the driver, perhaps educating the driver would be more beneficial. When the driver learns his lesson, he will know not to make the same mistake again.

Should You Contest Your Charges?

If you are in a situation like this one, how would you know if you should contest the drink driving charge? That would depend if the mistakes made by the prosecution were grave enough that they resulted in you getting unjustly charged. Each situation is unique. So the answer to one situation may not fit another situation.

Contact An Experienced Drink Driving Lawyer

This is why you should consult with a drink driving lawyer before you decide to take the defence into your own hands. We can review the prosecution’s errors and let you know if you have a good case. If you try to handle this yourself, you risk making matters worse. Make an appointment and talk to us about it. If you have a good case, we will help you in your defence against your drink driving charge.

If you have been caught drink driving and need the advice of a lawyer, please contact us at Ainsley Law. Our team of lawyers can guide you through your options.

Please call us today at (02) 8294 5697 or leave an enquiry.