Re: Charged with refusal to accompany to Police Station

Refuse PBT, to accompany, to remain, or to provide sample.
lucky74
Posts: 2
Joined: Mon Dec 26, 2016 4:59 pm

Re: Charged with refusal to accompany to Police Station

Postby lucky74 » Mon Dec 26, 2016 8:24 pm

Dear Mr Hardy,

Hope you are having a great time during Christmas holidays. I will appreciate if you can respond to my below case summary at your earliest convenience and advise the appropriate course of action. I would certainly like to arrange a conference with you to decide whether to plead guilty or not guilty and also if there are any diversion program options. My court hearing is on 24 Jan 2017.

Case Summary Notes:-

On 19/11/2016 I went to Melbourne to pick up my cousin who recently arrived in Australia.
At around 4:30 pm my car was pulled by a police officer on Victoria street Melbourne. I was told by the officer that I crossed the red light at the traffic signal and I replied that I am sure I have not crossed the red light, it may had been a flashing yellow light.

I was then required to furnish a preliminary breath test in the hand held machine. I said ok and this test was conducted 6-7 times, but the officer mentioned that he was not getting an appropriate reading.

I told the officer that I only had 1-2 beers around 12:30 pm and I should be well below the prescribed alcohol limit. If I was drunk I would have certainly allowed my cousin to drive the car.

The officer mentioned that there is some alcohol in my breath, and then told me to accompany him to the Police station for further testing without explaining in detail what is involved.

I got very nervous, as I was in a hurry to reach home to take my family to a very important family function. There were so many things going in my mind, that if I was late what everyone will be thinking about me. I humbly requested the officer that I am in a hurry, as I have some other commitments and going to the Police station may cause considerable time delays. My cousin was sitting with me and he is the witness to all this conversation.

The officer briefly explained me that I may get a court notice for this offence for not accompanying to the police station. As I was very nervous, I again humbly requested the officer to give me another option, rather than going to the police station.

The officer than gave the option and asked, “does your cousin has a driving licence”, and my cousin showed him his full overseas driving licence. The officer then allowed my cousin to drive the car, and I assumed that he has accepted my humble request for not going to the police station.

He gave my driving licence back and allowed us to leave. I respectfully obeyed the officer’s order and allowed my cousin to drive the car. We reached home safely. I did not even realise that he will further pursue me with the charge sheet for not accompanying to the police station, otherwise I would have never committed this mistake.

The Policer officer came to my home at 8:10 pm on the 15th Dec 2016. I was not home, as I went to buy some medicine for my sick wife. The officer asked my wife to call me and came back home immediately.

As I came out of my car, the officer mentioned to me that they have got a Notice of immediate licence suspension and requested me to quickly handover my driving licence to him. I was shocked, as the officer hurriedly told me about suspension of my driving licence.

I requested him to allow me, to either read the paper work or contact my lawyer to discuss the matter. The officer said, he cannot wait as he has to go on to his patrol duty and will charge me with another offence for not handing over the driving licence.

I was very surprised with this incidence, and my family and neighbours were all watching. The officer did not allow me the time to surrender the driving licence and went away.

As soon as the officer left, I went through the summon paper work and the notice. I am an honest law obeying citizen and after reading the papers, I knew that I could not drive as my licence is immediately suspended.

My wife was very sick on that day and I was very stressed about the situation. I then decided to call my brother in law for help. He is very co-operative and he drove me to the Glen Waverley Police Station to surrender the driving licence. We explained the matter to the available senior constable at police station.

I have always been a very cautious driver in the past, and there are no drink driving offences against my name. The loss of driving licence will adversely affect myself and my family due to the following reasons:
- I have two children aged 14 & 12, both will be going to new secondary colleges next year. The schools for both children are at far distances, my son’s school will be 25 km and daughter’s school will be 6 km away from home.
- My wife is employed as a Kindergarten teacher and I will have the sole responsibility for dropping and picking up the children from schools.
- I am working as a self-employed bookkeeper/tax agent and without driving licence it will be extremely difficult to fulfil my work commitments.
- I am also concerned about the matter that if there is a conviction recorded, how this will effect my professional memberships with CPA and Tax Practitioner Board.

My apologies if I have written too much about my case summary and ignore any typo errors.
I look forward to your reply and arranging a further conference with you.

Kind regards,

Lokesh Narula

Hardy
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Location: Melbourne Victoria
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Re: Re: Charged with refusal to accompany to Police Station

Postby Hardy » Mon Dec 26, 2016 9:43 pm

Hi Lakesh,

I will appreciate if you can respond to my below case summary at your earliest convenience and advise the appropriate course of action.


As you have an immediate licence suspension, you should be following the instructions at http://www.trafficlaw.com.au/drink.driv ... nsion.html by getting legal advice if you have any desire to drive in the next 12 months.

And as you now have a charge and summons, this is an appropriate time to make an appointment for a conference to determine the chances of winning your case. No amount of information you provide in your post can make up for the fact that I have not seen the police brief or the charge and summons. Therefore it is not possible to form any opinion at all about the strength of the police case. See http://www.trafficlaw.com.au/legal.advice.html and http://www.trafficlaw.com.au/conference.html

Finally, because it is highly preferable to get advice prior to your first mention date there are only a few days available for me to see anyone prior to 24 January and none between 4.1 and 27.1. You will need to use email if you wish to make an appointment.

Some of the things that would need to be considered is whether your conversation with the police was audio recorded, whether they claim to have read from a card or what they say their words were. If you assume the Magistrate will believe everything the police say and nothing that you say then you might begin to understand why it is almost useless for anyone to form an opinion about your chance of winning or devise a defence strategy based only on your version of events. The only way to work out how to get an acquittal is to analyse the case against you.

By now you will have worked out that you need to be acquitted if you are to avoid 2 years of licence cancellation. On the positive side, the statistical chance of winning a refuse case is much higher than winning a breath test case.

lucky74
Posts: 2
Joined: Mon Dec 26, 2016 4:59 pm

Re: Charged with refusal to accompany to Police Station

Postby lucky74 » Wed Dec 28, 2016 12:19 pm

Dear Mr Hardy,

Thanks for your prompt response to my inquiry.

I have already sent an email to arrange a conference with you.

I understand that your office might be closed during this time, but will appreciate if the first available appointment can be arranged.

Kind Regards
Lokesh


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