In Penrith Local Court, Sydney Criminal Lawyers® had a ‘mid range drink driving’ charge dismissed for a 43 year old Penrith man after police breath tested him on his own property.
The man was illegally breath tested after pulling into his driveway, stopping his engine and exiting.
The case is a reminder to police that they must follow breath-testing laws, including the law that they cannot test persons on their own land.
Another rule is the ‘2 hour rule’, which says that a driver’s breath must be ‘analysed’ within 2 hours of driving.