Many numerous issues arise in offenses of drink driving in which lawyers are available for the defense to the charge. There are suitable classifications for these as follows:
- Driver: Just as any offense of driving, police has got to prove the culprit driver who was responsible for committing the offense.
- Whether the vehicle was driven or in attempt of being in motion.
- Time: Ascertainment of analysis of breath at the Police Station, whether taken within the period of two hours as per the requirement under the legislation.
- Whether the test of breath was taken at the residence of the concerned human being.
- Ascertainment of similarity of the driver’s blood alcohol concentration (while driving) with that of the point of undertaking the test out at the police station.
Probably there are other matters that might be on the rise in a trial, but these are perchance the most common and imperative ones that may have explored the charge’s defense.
The Driver’s Identity
As per the statement of drink driving lawyers of today, charges of drink driving arise in general as a consequence of a breath test taken randomly or the spot of the involvement of the motorist in an accident or a confrontation with the involvement of the police.
The spot of the stoppage of a motorist for a Random Breath Test and where he has failed the test, there arises a minor issue in regard to the identity of the driver.
Often there are issues arising especially when there is involvement of an individual in an accident or incident and the driver quits the vehicle. Police needs to have depended upon witnesses for pinpointing the driver. Quite imperatively, the driver needs immediate identification, in obligation to the involved time limits in the determination of whether the individual is driving with a concentration of blood alcohol above the legal limit.
If you are under the false accusation of being the driver and either you are charged with refusal of a breath analysis or on the other hand with being beyond the legal limit, then the Police have to prove that you as a driver is found guilty in later court proceedings.
Whether or Not the Vehicle Was Driven
That individual is known to be guilty of a drink driving offense if such an individual has the alcoholic concentration that is stipulated in his or her blood, her or him:
- Is driving a motor vehicle, or
- Is seated on the motor vehicle’s driver’s seat and is attempting to put the motor vehicle in movement.
In the instance of a vehicle being driven along the road by the individual following the wheel, there are minor chances that the individual is making the vehicle drive. It becomes dubious at spot of being unclear that the individual may have endeavored to put the vehicle in motion.
Time: Time Limit of two hours for analysis of breath
Four conditions exist under which no breath test is required by a police officer. The first and second conditions are in relation to when the individual is suffering from injury. According to a section of the Road Transport (Safety and Traffic Management) Act, no police officer can go for an individual to take up a breath test or to make him eligible for a breath analysis in regard to:
- ……………… or
- ……………… or
- At any point of time subsequent to 2 hours expiration from the event’s happening due to the fact that the officer was entitled under some section to have that individual to take up a breath test, or
- At the residence of that individual.