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NEW: How to defend a drink driving charge.




FIRSTLY, SOME COMMON sense.


It is almost always completely useless trying to argue that you weren’t ‘slurring your words’, you weren't ‘swerving’ a little on the road or that you weren’t ‘unsteady on your feet’.


If your only argument is to dispute what the police officer says about you when he saw you -after you had been drinking- then you're largely wasting your time.


Why?


Because you were drinking, and the police officer wasn't.


That’s common sense. It applies in court too.


So, if this is all you have, you're giving the Judge a simple decision to make: do I believe the person who was drinking or the one who wasn't?


What do you think?


Imagine you were the Judge in that situation. Who would you likely believe?


Exactly. That’s why focusing on your demeanour at the scene is often a waste of time because you've given the Judge an easy decision to make.


These arguments are usually pointless.


Instead, you should focus on other arguments. Like what?


Legal arguments.



LEGAL ARGUMENTS INVOLVE harder, stickier questions. They’re more ambiguous, need more thought, are tougher.


Was the law followed? Did the police officer follow the law when you were arrested?

This is far more relevant because the law is the law. It has to be followed. It either was or it was not.


If it was then that is one thing. If it was not, that is something entirely different.


When it comes to drink driving the law is quite specific. Its specific for a reason.

Everyone must be clear about what is required of them.

The police need to know what they can demand of you i. e. blood, urine or breath.


The circumstances around this are set out clearly in the law. The reasoning is pretty sensible.