Police Withdraw Charges of Low Range Drink Driving and Wilfully Alter Alcohol Concentration


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Our client is a 41 year old accountant in a multi-national company.

After finishing work on a Thursday night, he drove to a nearby pub where he consumed a meal and 1 schooner of beer.

He then drove towards his home, but just before arriving had a minor collision with another car.

While police were being called, our client walked a short distance to his home to get a jacket.

While there, he consumed half a bottle of red wine. He then returned to the scene where police breath tested him, finding him to be in the low range p.c.a. (0.066).

Police then charged him with (1) low range drink driving and (2) wilfully altering concentration of blood alcohol.

The fact that police pressed the second charge suggested that they accepted our client’s explanation about drinking after the collision.

Our lawyers quickly capitalised on this by requesting withdrawal of both charges on the basis that, as our client’s explanation was accepted, the first charge certainly could not be proved beyond reasonable doubt.

Police then withdrew both charges.