Refusal to accompany to station for a breath test

Refuse PBT, to accompany, to remain, or to provide sample.
Jackhawk
Posts: 3
Joined: Mon Jun 20, 2016 12:55 pm

Refusal to accompany to station for a breath test

Postby Jackhawk » Mon Jun 20, 2016 1:58 pm

First and foremost,.....Hello! I was cut off coming out of a 2 lane roundabout. Only having the car for 4 months I slammed on the breaks...repeatedly. My car slid side ways across the road sending it into a complete spin facing the opposite way hitting a guard rail. The impact of hitting the rail sent the car into uncontrolled spins coming to a halt in a massive culvert between the north and south bound lanes. The person who cut me off kept driving....My car was noticably a written write off. I was shaken, angry & in a hectic state. My passenger gave me a beer. Up the rd was a bottle shop and i decided i was going to sit with my car all night and drown my sorrows....pathetic i know, but my mechanic understands my love for my car ;)...A passer by rang the ambulance and police. Ambulance came and went. Police arrived just over an hour later. I had one beer in my hand and not sure why but as one officer approached me I grabbed the breath test and blew in it. I think I just didnt want them at my cars funeral. Not sure what I was thinking. Anyway with this I said "hit me up, what does it say?". The officer replied it tells me you have a low reading of alcohol. Asked if i was the driver to which i said yes and produced my licence upon his next request. Another officer stood behind to the side of him. I again asked about the breath test. He said "You need to accpmpany me to the station for another breath test". I said I already took one, I dont want to leave my car. He said I needed to do another test at the station. I asked "what will happen if I dont go?". He replied "You'll be in trouble". I said "Look at my car, im in enough f'n trouble". He then instructed the other officer to take pictures, told me id receive a charge on the mail and left...More than a month went by and I rang many times to ask if I needed to collect paper work & apologise for my bluntness on the occasion. Getting hold of him he was really rude, however told me my charge. I said "listen mate, you didnt explain yourself very well". He said "I dont have to f'n explain myself to you. Have a good night. And hung up. I spoke to many lawyers who wouldnt even give me 30 mins discussion. Judges assigned legal aid in the court which I was told to plead guilty....I couldnt because he said this big paragraph of my consequences and rights that he said about going to the police station which he didnt. I was told over and over he doesnt need to explain..I thought, why is saying he said all this stuff than?......How can I refuse what I dont know what im refusing.....I was in no state to make a decision being misinformed. I had no worries about the breath test. I didnt care. He denies I took it out of his hand and says I was calm. I ended up paying a lawyer. I was accepted to the ARC list where we decided to come back out as there I would have to plead guilty and to my excitement after over a yr of this dragging on. A lawyer from the ARC list jumped on board. Truth will prevail afterall, feeling guilty with my obvious shine of hope :)....the next date was after christmas holidays...I arrived and was left on my own. They bith didnt turn up..No warning and no explanation...I later messaged my lawyer saying I wanted the money back. He replied yes but has'nt. Thats for a later date...I got punished at court. A lamb to the slaughter. And kicked in the teeth at the county court as I appealed....im now appealing the county court. Been up all night which is becoming a health hazard. Im researching law all night. Im sitting amongst it now and heading off to night shift....Law is a foreign word to me. I was defeated, gave up frm exhaustion but ive just realised to change my research to reveal his lies and am fighting him all the way....how? Is just a little in the way :)...Thanks in advance just for listening. I have to say it out again or the aloneness in it will defeat me....I might add his sidekick said at the magistrates court that he didnt hear the words spoken between us and didnt appear at the County court.

Hardy
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Re: Refusal to accompany to station for a breath test

Postby Hardy » Mon Jun 20, 2016 3:53 pm

Reading between the lines it seems you were found guilty of a refuse breath test charge in the Magistrates court, then appealed it to the County Court where you lost again and now you want to appeal to the Supreme Court???

For all the chit chat, you don't really say what your problem/issue/goal is or pose any question so it is a bit difficult to know what to make of it all.
You can appeal against the county court judge's decision if the judge has fallen into judicial error. In other words, you need to show that the judge failed to exercise his powers lawfully.

It is now probably too late for you to do anything about it.

Jackhawk
Posts: 3
Joined: Mon Jun 20, 2016 12:55 pm

Re: Refusal to accompany to station for a breath test

Postby Jackhawk » Mon Jun 20, 2016 6:15 pm

Excuse my ignorance. 19 hrs straight of resesrching and months of reading numerous legal pages that my brain doesnt retain, I thought it was pretty obvious amongst the shit chat....All ive learnt is honesty is a rareity....I now, take my hat of to legal reps. Talk about brain fry!...finding a good representative, I realise sides with a needle in the hay stack....I appreciate their worth and i will stick to saving people.....Now, walking out of that accident is anyones guess. Shaken the shit out of me, livid & crying like a baby how on earth am I supposed to make a rational reason as to to why I need to take two breath tests. Seemed stupid and suspicious....2 yrs loss of licence is a lil too important to leave out. The state I was in I question why I was left there. Extremely drunk with a low reading (whatever that is) is a good effort. Surely with his latest emphasis on being drunk I should of been taken of the street.....darn I haven't come across this avenue, you speak of. So, if I was on time the judge wouldnt listen to his impressionable rehearsed recital of what he supposedly said to my inaction to comply, struggling and mucking up words he has repeated thousands of times or hes two appearances and statement dont slightly match. Or my photos will show the first two paragraphs are totally impossible and theres no reason what so ever to lie about that. Just matches the whole statement. Bullshit!...

Jackhawk
Posts: 3
Joined: Mon Jun 20, 2016 12:55 pm

Re: Refusal to accompany to station for a breath test

Postby Jackhawk » Mon Jun 20, 2016 6:18 pm

I dont have any priors. Im totally unfamiliar with law...stupid? Yes.

Hardy
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Posts: 8472
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Refusal to accompany to station for a breath test

Postby Hardy » Mon Jun 20, 2016 10:51 pm

You need to chose a lawyer who has a track record of winning refuse breath test cases. If your lawyer can not show you a court order in which he has represented a person who has been acquitted and been awarded costs, then you are dealing with someone who is inexperienced and probably not worth spending money on. In your case, you went to the county court and ended up with legal aid or no lawyer at all - it is hard to work that out. Anyway, it seems you lost there, and now you want to complain about not being given a fair go. Sounds like you did have a fair go, but you wasted or missed the opportunity. I have some sympathy for your situation, but ultimately my role is to work out what can be done to help you at this point. I think there is probably very little that can be done - unless you want to spend many thousands of dollars arguing a Supreme Court case just so you can have your charges reheard in the county court. Consider how many übers you can get for $15,000 before you run off to file a Supreme Court case. You have a 60 day time limit on starting an Order 56 action in the Supreme Court.


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