Police were forced to withdraw drink driving charges against our 48 year old client from Castle Hill after they failed to follow the law.
The case involved our client crashing into a telegraph pole while allegedly driving with a blood alcohol concentration of 0.197.
He was breath tested and charged with High Range PCA.
He was advised by his first lawyers to plead guilty to the charge but sought a second opinion from Sydney Criminal Lawyers.
We obtained material by subpoena which proved that he was breath tested after the 2 hour limit.
Police then tried to fix their mistake by adding the charge of Driving Under the Influence (‘DUI’).
However, police were forced to drop both charges when Sydney Criminal Lawyers made written submissions that the law does not permit a driver to be charged with DUI after being breath tested.
Our client acknowledges that he was extremely fortunate not to have injured or even killed other road users.
He vows to never drink and drive again.