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DUI - Random Breath Testing
Section 13 of the Road Transport (Safety and Traffic Management) Act 1999
empowers police to carry out random breath tests.
Such request by the officer arises only if he "has reasonable cause to believe" that the person was the driver etc. In cases of random stops on the roadway, it is axiomatic that such belief is reasonable.
Offence:
It is an offence under subsection (2) for the driver to "refuse" or "fail to undergo" such breath test.
Defence:
It is a defence to a request to undergo a breath test if the person can satisfy the court that he was unable on medical grounds to undergo such breath test in accordance with the officer's directions. (S.13(3) )
Further to Defences relating to breath testing, under Section 17 of the Act, Police are not permitted to carry out a breath test (or breath analysis) in the following circumstances:
Click here for a comprehensive chart of penalties.
Such request by the officer arises only if he "has reasonable cause to believe" that the person was the driver etc. In cases of random stops on the roadway, it is axiomatic that such belief is reasonable.
Offence:
It is an offence under subsection (2) for the driver to "refuse" or "fail to undergo" such breath test.
Defence:
It is a defence to a request to undergo a breath test if the person can satisfy the court that he was unable on medical grounds to undergo such breath test in accordance with the officer's directions. (S.13(3) )
Further to Defences relating to breath testing, under Section 17 of the Act, Police are not permitted to carry out a breath test (or breath analysis) in the following circumstances:
- A person who has been admitted to hospital - unless no objection by the medical practitioner;
- If the person has been injured and it might be dangerous to carry out a breath test/analysis;
- After the expiration of 2 hours from the occurrence of the event; and
- At that person's home.
Click here for a comprehensive chart of penalties.
Any opinions expressed by the writer in articles within this website are not
provided as legal advice, but simply an opinion in respect of the law as it
stands as at 07/02/2012. It is provided as assistance only
& should not be
interpreted as being legal advice for any particular case. Readers should
contact Proctor and
Associates or their own lawyer and obtain individual legal advice
for their particular case.
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Heavy Vehicles | Apprehended Violence Orders | Sexual Assault Charges | Murder & Manslaughter
Property Law | Assault Law | Appeals Court | Mobile Speed Cameras NSW | Conveyancer Parramatta
Website Design Sydney & SEO Australia by justweb®