Under The Influence
After going through some of the webpages that provide lawyers for drink driving, there are very few that have this as a speciality. A drink driving lawyer in Adelaide would be your best bet, there is a firm there that firmly believe that some of the laws governing the testing and instant disqualification of licence is against basic law. The practice of breath testing relies on the premise of breath testing is to find out if you are over the prescribed limit and you are then taken for another breath test and if you request it a blood analyse. Here is the kicker though if you refuse a breath analyse you are automatically charged with a high range reading, so guilty before you are even tested. It also does not take into account how long an individual takes to metabolise the alcohol, someone who doesn’t drink and only has the occasional tipple, may be more influenced by the alcohol in their system than someone who partakes more often. Yet the person who just had the one will be under the limit but the one who has three will be over.
Then there is the issue of being disqualified on the spot, it is in the law that the court case must be within a reasonable time which is generally around five to seven days, the reality is however that you may be without a licence for a couple of months. This is guilty verdict without the benefit of a judicial sentencing and once in court, the time you have already served without a licence does not in any way count towards the time you are then ordered to be without a licence. So if it takes three months for the court date to be available and then you get handed a three month disqualification, the amount of time you will have served on the drink driving charge is actually six months.
In all other cases where a person in held in lockup before their court date, that time is taken into account and the end time that they have to serve will be lessened in relation to how much time they spent in remand. So they get a sentencing of two years and they have spent two months in lockup, then the actual time they will spent in jail is one year ten months. The same rules would apply to drink driving charges, if you have already had three months without a licence when it comes time to sentencing that time without a licence would be taken into account and be part and parcel of your punishment. It is also presuming you are guilty before you get to front the court, it is an infringement on presumed innocence but this will never change as everyone is so gunho on the drink drivers and they are all presumed to be guilty before their day in court. For more info about Adelaide criminal lawyers, visit http://www.manganey.com.au/