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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Breath Tests On Private Property
The blood alcohol limit for all fully licensed drivers in Australia is 0.05, and for other drivers, it is zero. Every state and territory conducts random breath testing, with slight differences in where and when this is permitted, and the penalties for refusing a breath test. In most states and territories, police can conduct a breath test on private property in certain circumstances.
New South Wales
The Road Transport Act 2013 sets out the circumstances in which testing is permitted. It states a person cannot be tested at their home, which includes the driveway and any dedicated parking space. However, a person can still be charged with driving under the influence (DUI). To prosecute a DUI charge, police must prove the person was affected when driving, which is often difficult to prove beyond a reasonable doubt. Police can rely on evidence of the manner of the person’s driving and the person’s demeanour, such as whether they were stumbling, had slurred speech, or smelled of alcohol.
Australian Capital Territory
The Road Transport (Alcohol and Drugs) Act 1977 permits police to enter any premises, including a home, using as much force as necessary to conduct a breath test if they reasonably suspect a person:
- was the driver of a vehicle involved in an accident;
- was driving and failed to stop when requested by police;
- was driving while over the blood-alcohol limit or under the influence of alcohol.
The Road Safety Act 1986 allows police to breath test on private property by virtue of making it illegal to refuse a breath test at any time, no matter where a person is. The request can be made if the person:
- is driving;
- is driving a vehicle that has failed to stop when directed by police;
- is believed to have been driving in the 3 hours prior to the request;
- is believed to have been driving a vehicle that was involved in an accident.
The Road Traffic Act 1961 allows police to conduct a breath test on private property. The test request can be made anywhere and at any time if the person:
- is driving;
- attempting to drive;
- has recently driven;
- is acting as a driver trainer;
- is believed to have been driving a vehicle that was involved in an accident;
- is committing a driving offence;
- is driving in a way that suggests their driving ability is impaired.
The test must be done within 8 hours of the driving, and the driver must be advised of the consequences of not providing a sample and of the option to provide a blood sample instead.
The Road Traffic Act 1974 allows police to conduct a breath test on private property. Police can require the test be taken by anyone they suspect was driving a vehicle that was involved in an accident. The test must be done within 4 hours of the driving.
The Traffic Act 1987 allows police to conduct a breath test on private property. Police can require the test be taken by anyone they suspect was driving a vehicle that was involved in an accident, or was driving under the influence. The test must be done within 4 hours of the driving.
The Transport Operations (Road Use Management) Act 1995 allows police to require a breath test from a person at a police station or at any other place. Police can use as much force as necessary if a person refuses. A test can be required if police reasonably suspect than in the previous 3 hours a person was driving, attempting to drive, or in charge of a motor vehicle, tram or train that was involved in an accident that resulted in injury, death or damage to property.
The Road Safety (Alcohol and Drugs) Act 1970 allows police to breath test on private property by virtue of their right to detain and test. If they reasonably suspect a person has been driving under the influence, they can, within 3 hours of the driving, arrest the person without warrant and/or impound the vehicle, and breath test the person there or take them to a place for testing. Police also have the power to enter the person’s vehicle using as much force as necessary to do this.
Challenging a test
If police have conducted a breath test on private property in circumstances not permitted under the relevant state or territory legislation, a lawyer can write to police to request the charge be dropped. The letter can foreshadow an application for costs should the charge be dismissed in court. If police persist with prosecution, a lawyer can argue to have the charges thrown out on the basis of illegality and apply for costs.
For advice or representation in any legal matter, please contact Armstrong Legal.
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