Successful defence of low range prescribed concerntration of alcohol (drink driving)
Date: May 15, 2008
Authors: LAC Lawyers
Our client had gone to pick up his friends at a local pub. He drank 2 large glasses of full strength beer quickly and then got in his car to drive his friends home. He had consumed no other alcohol that evening. At 12.10am, very shortly after leaving the hotel, our client collided with a tree and wrecked his car. No one was injured. At 12.45am the police arrived at the scene and breathalysed our client and he was over the limit (just). Our client was charged with low range PCA. The offence also had serious consequences as it invalidated his car insurance.
We advised our client to obtain an expert report from a Professor of Pharmacology in relation to his likely blood alcohol at the time he was driving the car. Alcohol is metabolised in the body consistently and peaks at a certain time after it is consumed. we were aware that it was more than likely that at the time of driving the concentration of the alcohol in my client's system would have been below 0.05 as the concentration would have not reached the peak concentration so soon after being consumed. We referred my client to the premier expert on the effect of alcohol on driving in New South Wales. The good professor confirmed our suspicions. In his expert opinion, our client would not have been over 0.05 at the time he was driving. The police expert subsequently agreed. The charge was withdrawn by the police without the need for a hearing.
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Date: March 10, 2011
Author(s): Annette Wood B.A. (Policing), LL.B.
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Author(s): Annette Wood B.A. (Policing), LL.B.
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Author(s): Annette Wood B.A. (Policing), LL.B.
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Date: December 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
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Date: June 15, 2009
Author(s): LAC Lawyers
We recently finalised a matter for a client (“Mr. A”) who was charged with a set of drug charges: possession and dealing with heroin and amphetamines worth $65,000. Mr. A had a prior criminal record for similar offences and a conviction would have definitely resulted in a term of immediate imprisonment of at least 2 years.
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Date: May 15, 2008
Author(s): LAC Lawyers
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Date: May 15, 2008
Author(s): LAC Lawyers
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Date: May 15, 2008
Author(s): Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.