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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 71046
Experience:  Over 5 years in practice.
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I was charged with drink-driving, but they did not test me

Customer Question

I was charged with drink-driving, but they did not test me at the station again.
Should they had tested me at the station?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends.
They can rely on the roadside test but it does weaken the evidence. They can still prosecute on that basis but it might not stand up to challenge so well.
They can actually rely on the perception of the police officer of your condition. That was how drink driving was always prosecuted before the tests were discovered. For many years the only test was whether or not a suspect could walk in a straight line. The practical reality is that it is not likely that they would now though because science has moved on and courts expect more evidence than that.
Can I clarify anything for you?
Customer: replied 3 years ago.

Would it be worth challenging?

Expert:  Jo C. replied 3 years ago.
How much over were you?