Charged with refusal PBT

Refuse PBT, to accompany, to remain, or to provide sample.
teens2015
Posts: 4
Joined: Mon Apr 25, 2016 1:07 pm

Charged with refusal PBT

Postby teens2015 » Mon Apr 25, 2016 1:26 pm

Hi there, just wondering if you may be able to shed some defense on the below issues:

Pulling my car out of my driveway when I accident bumped into a neighbours bumper (minor collision) No insurance claim. Documents were exchanged

a) Incident occurred June 142015. Charge sheet reads 2105
b) Police officer entered my home without my permission (ii.e. pushed passed me as I opened the door)
c) I requested the officer to leave on three occassions
d) The police officer later produced an alcolmeter touch which was concealed behind his back
e) The alcolmeter touch had the tube already fitted into the machine
f) I asked the police officer if he had the power to request a PBT on my property after I had asked him to leave on three occasions
g) I asked the officer to wait outside whilst I made a call to a legal representative
h) Came back to the door and the officer had gone
i) Approx one hour later two police officer came to my door continuously knocking the door, ringing the door bell shouting "we know you are in there"

Hardy
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Re: Charged with refusal PBT

Postby Hardy » Mon Apr 25, 2016 1:55 pm

All very interesting.
Do you think the police statements are going to be identical to your account, or perhaps contain some important information that you have not provided or are incapable of providing?

You better make an appointment to see a good drink driving defence lawyer once you have received your court papers. There are plenty of opportunities to defend a case like this.

teens2015
Posts: 4
Joined: Mon Apr 25, 2016 1:07 pm

Re: Charged with refusal PBT

Postby teens2015 » Mon Apr 25, 2016 4:17 pm

Thank you for your speedy response. I doubt Police statements are every identical between the informant and the accused. Moreover, after a request to Victoria Police under the Freedom of Information act. I have picked up a great deal of inconsistencies between the informants statement and the witness. Witness being the owner of the motor vehicle I bumped into. I have seen the running sheet which does not list the re-visit to my home. The statement from the witness does not correspond to the police statement. Even in the full brief of evidence the Police Officer was asked to make a full statement and provided the incorrect address! Being I live at number 45 the Police Officer in his full statement wrote I attended number 46 .....

teens2015
Posts: 4
Joined: Mon Apr 25, 2016 1:07 pm

Re: Charged with refusal PBT

Postby teens2015 » Mon Apr 25, 2016 4:29 pm

I have no intention in addressing you or viewers of this forum in any type of utilising a 'Sympathy Fiddle' i.e. "Feel sorry for me" However, it is valid to point out that I am a divorced single mum of a intellectually disabled child. Whom of 86 percent care of. I rely solely on Child Support and Centre Link benefits. I have no family in AU, nor do I have and priori and moreover a clean drivers licence. Whilst I am educated and have had a successful career as a teacher I am a full time carer for my son. The purpose or rather reading behind requesting the Police Officer to leave on more than 3 occasions is that my son is severely autistic with the now label of intellectually disabled having an I.Q. Of 54. Regretably in 2013 he witnessed his father violently abusing me (physically and emotionally) Thereafter, followed Police and paramedics. Since that period of time to date, my son fears the police. It was for this reason and this reason only that I requested the Police Officer to leave.

teens2015
Posts: 4
Joined: Mon Apr 25, 2016 1:07 pm

Re: Charged with refusal PBT

Postby teens2015 » Mon Apr 25, 2016 4:32 pm

Sorry. I'm using my iPad and stylus pen, forgive typo error pls.

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
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Re: Charged with refusal PBT

Postby Hardy » Mon Apr 25, 2016 8:25 pm

This forum is not the ideal venue to discuss possible defences to your drink driving case. You should be doing that in private, not in front of the prosecutor. Nor is it a good idea to defend a case like this yourself unless you have won these types of cases before and know all the tricks. In 25 years of doing this I am unable to recall a single instance of someone representing themselves being acquitted of drink driving related charges. I guess it might have happened, just that I have never heard of it happening.

Usually it is not a good idea for the client to communicate at all with the police, including making FOI applications or requesting information of any sort. I would definitely avoid doing any of those things especially in a refuse breath test case. Even your lawyer is probably not going to ask the police to do anything. In most cases it may not make any difference, but in some cases it can have a negative impact.

Assuming you are intent on defending it on your own it would at least be worthwhile to have a consultation with a lawyer to ensure you are on the right track and taking every option that is available to you. At the very least, I have won cases before where the police have entered a house without invitation to conduct a breath test.


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