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      Not Guilty of High Range Drink Driving due to breach of ‘2 hour rule’ and costs against Police ordered

      Our client is an 18-year old university student who enjoys going on camping trips with his friends.
      On one of these trips, he had been drinking copious amounts of alcohol with two of his friends.
      Regrettably, they all decided to drive to another location in their 4WD.
      Our client was behind the wheel with one friend in the passenger seat and the other friend in the back seat.
      At some stage, the vehicle veered off the road and crashed into a tree.
      Passers-by noticed the wreck and called 000. Police and ambulance officers attended some time later.
      Our client was taken to the nearest Police Station and underwent a breath test which registered a reading of 0.323.
      He was subsequently charged with high range drink driving.
      Our client attended consultations with four different criminal defence firms, who each advised him to plead guilty.
      We took a different view.
      While our client clearly registered a reading well into the High Range, the breath test had been administered outside the ‘2 hour rule’.
      As such, it was inadmissible pursuant to Schedule 3, Clause 2 of the Road Transport Act 2013 (NSW).
      Our client retained our services and the case proceeded to a defended hearing.
      At the hearing, the prosecution case quickly fell apart.
      Police were cross-examined about when they received the ‘000 call’ and when they attended the scene. It became apparent that there was no way our client was tested within the 2 hour rule.
      The court quickly found that the breath test was unlawful and dismissed the case against our client.
      We then sought an order that police pay our client’s legal costs, which was granted.
      Our client and his parents were overjoyed with the result.

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