Home Safe Rule
When it comes to drink driving offences there are a number of defences that can be argued in Court to successful acquit a person of a particular drink driving charge. Whilst the defences that exist are generally rare, they nevertheless exist and can be used to find a person not guilty of a drink driving offence or alternatively have the charges withdrawn by the Police Prosecution.
One such drink driving defence which is generally unknown by the average person is the “Home Safe Rule”. Basically this defence has the effect that it is illegal for Police to require you to submit to a breath test at your home or usual place of residence. It must be understood that the Police have specific powers and responsibilities in which they need to apply their policing procedures to and in the case of testing someone for a breath test, the Police are aware that they are NOT to take a breath sample from a person at their home.
Police are not allowed to perform breath analysis tests on you once you have entered your usual place of residence. Such a procedure is unlawful and any breath analysis tests performs may be inadmissable before a Court of law which would make it more difficult for Police to prove their case.
This would even include when a person is driving their motor vehicle to their home, they arrive home and park their vehicle in their drive way and then Police pull up behind them and suggest that they suspect that the person is effect by intoxicating substance. In these circumstances the Police are not allowed to require a breath sample be submitted but the Police can form the view from their own observations that a person is Driving Under the Influence.
Usually if a person is at their place of residence and police can prove that they were operating a motor vehicle then they will do, and are allowed to, perform alternate tests including general observations such as:
- alcohol on breath
- glassy eyes
- slurred speech
If Police witness you driving erratically or find alcohol in your vehicle then these observations can also be included as evidence against you.
However, for the purpose of running a defence it is possible to have evidence dismissed should the Police not act lawfully in relation to obtaining a breath or blood sample.
The precise legal meaning of what is a person’s home is complex (eg. is the driveway of a block of units your home?). However, if you think you may have a possible defence on this basis then you should contact us immediately to discuss the issues surrounding your situation.
CONTACT SYDNEY DRINK DRIVING LAWYER – DRINK DRIVING DEFENSE:
Speak to our DUI Defence Lawyers – Josh Boorman Ph: 1300 941 900
Our DUI Lawyers can be contacted at:
Sydney Drink Driving Lawyers | DUI Solicitors NSW
Email: jboorman@boormanlawyers.com.au
Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation and information on Challenging a DUI Reading with DUI Lawyer Sydney.
Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation with a qualified Sydney Drink Driving Lawyer about Drink Driving Defense.