Breath Test Reading was o.o53 ( 8.25 pm ) Blood Test 0.046 ( 9.42 pm )

Reagan
Posts: 1
Joined: Sun Feb 09, 2020 9:13 am

Breath Test Reading was o.o53 ( 8.25 pm ) Blood Test 0.046 ( 9.42 pm )

Postby Reagan » Mon Feb 10, 2020 2:38 pm

The Facts are as Follows :

Roadside Test in Melbourne east
BAC Reading at 8:25 pm showed Reading of O. 053
Insisted on a Blood test and 9.42 Blood was taken at the Station and Reading showed O.046

The Police are insisting that they are relying on Evidentary Breath Reading as per Section 58 as conclusive proof and completely ignoring the Evidentary Blood Test as per Section 57

The case is listed for 6th March for a Hearing

Any advise on how I can convince the Court of at least Reasonable Doubt given the lower Reading within the time frame .

Thanking You Kindly .

Gravy
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Joined: Thu Mar 21, 2013 9:25 am

Re: Breath Test Reading was o.o53 ( 8.25 pm ) Blood Test 0.046 ( 9.42 pm )

Postby Gravy » Mon Feb 10, 2020 3:11 pm

Reagan wrote:Any advise on how I can convince the Court of at least Reasonable Doubt
1. Forget about the defence you're formulating.
2. Read this page on Sean's website. Pay particular attention to the bit about "Do I need to prove I was under 0.05% to win my case?"
3. Decide if you want to hire a lawyer.

At the very least, you might consider researching the rate of alcohol metabolism. My cursory browse through google results indicates it's around about 0.015% per hour (as in a person's BAC would drop by 0.015 per hour after their BAC has peaked following ingestion). Think about what that means for your 0.046% reading taken over an hour after the evidentiary test... 0.046 + 0.015 = 0.061. Just saying.

Hardy
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Re: Breath Test Reading was o.o53 ( 8.25 pm ) Blood Test 0.046 ( 9.42 pm )

Postby Hardy » Mon Feb 10, 2020 4:19 pm

You will never convince a court there is doubt about the result of that breath test, because the blood test result confirms the breath test machine was in proper working order, when what you need to show is that the breath test machine failed to produce a correct result. That would require a blood test result which is wildly different to what the police would expect it to be.
So if that is your best point, then you can expect to lose.
If you objected to an infringement notice, the bad news is your penalty will be 6 months cancellation if you lose, not 3 months.

If you want to win your case then you better make an appointment to get some advice pretty soon.


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