Refusing Breath Test Lawyer Melbourne
Charged for refusing a breath test? Get expert legal help from skilled Refusing Breath Test Lawyer Melbourne to protect your rights and fight the charges. Call now for a legal consultation with Melbourne’s top traffic offence lawyers.
Refusing To Provide a Breath Test Legal Defence Melbourne
At FCL Lawyers, we have expert team of Melbourne driving offence lawyer to provide breath test refusal court representation Melbourne. In Melbourne, refusing to provide a breath test when requested by the police can result in severe penalties, including fines, license suspension, and even imprisonment. Depending on the circumstances, we comply due to a medical condition, lack of proper instructions from the police, or an unlawful request, your grounds for a defence.
Our experienced traffic lawyer at FCL Lawyers assess your case, challenge the evidence to help you with the legal process. If you have been charged with refusing a breath test, looking legal advice quickly improves your chances of achieving a favourable outcome. Contact our Melbourne driving offence lawyer to discuss your options and protect your rights.
Breath Test Refusal Court Representation Melbourne
Expert Legal Defence for Breath Test Refusals in Melbourne specialised legal support to challenge charges and protect your driving rights.
- Understanding the consequences of refusing a breath test learn about potential penalties and legal implications for test refusal cases.
Strong legal strategies to defend your case effectively, our experienced driving lawyers build solid defences to reduce penalties or dismiss charges.
Get trusted representation for court proceedings in Melbourne, ensure expert advocacy and guidance through every step of the legal process.
Charges for Refusing a Breath Test
Under Section 49(1)(c) of the Road Safety Act 1986 (RSA), it is an offence to refuse a preliminary breath test (PBT). This law ensures that individuals cannot avoid the consequences of drink driving by simply refusing to undergo the required testing.
To secure a conviction for this offence, the prosecution must prove beyond reasonable doubt that:
The accused was either driving or in charge of a motor vehicle (s53(1)(a))
The accused had reasonable grounds to believe they were driving or in charge of a motor vehicle within the past three hours when it was involved in an accident (s53(1)(c))
The accused had reasonable grounds to believe they were an occupant of a vehicle involved in an accident within the past three hours, and the driver’s identity was not satisfactorily determined (s53(1)(d))
The accused was required to undergo a PBT under Section 53 (s53(1)(b))
The request for the PBT was made within three hours of the accused driving, being in charge of, or occupying the motor vehicle
The accused refused to comply with the request.
Refusing a breath test is taken seriously under the law and carries significant legal consequences. That is why contact us for professional Legal Defence for Refusing Breath Sample.
DUI Breath Test Refusal Lawyer Melbourne
Under the Road Safety Act 1986 (RSA), police have the authority to conduct preliminary breath tests (PBTs) under the following conditions:
Police must clearly explain the test requirements.
Any driver or person in charge of a vehicle can be required to undergo a PBT.
Police can conduct roadside breath tests and require drivers to stop temporarily.
A PBT can be requested within three hours of the person last driving or being in a vehicle.
The driver must exhale continuously into the device as instructed.
If not, as per our expert DUI breath test refusal lawyer Melbourne, failure to follow proper procedures may affect prosecution for refusing a breath test. Book a legal consultation with Melbourne’s top driving offence lawyer at FCL Lawyers.
Why Choose FCL Lawyers?
Time is critical in driving offence cases. That is why choosing the right legal support, like FCL Lawyers, is essential. Here’s why:
Frequently Asked Questions
No, refusing a breath test in Melbourne can result in serious legal consequences, including automatic license suspension, fines, or even imprisonment.
There are a few legal defences available, such as medical conditions preventing you from providing a sample, police misconduct, or failure to follow proper testing procedures.
Yes, if you have refused a breath test, looking breath test refusal court representation in Melbourne is crucial. A lawyer can help negotiate a better outcome, possibly reducing penalties or avoiding a conviction based on procedural errors or valid legal defences.
Defending a refusal to provide a breath sample in Melbourne may involve challenging police procedures, proving a valid excuse, or questioning the test request’s accuracy.
Our DUI breath test refusal lawyer in Melbourne assess your case, identify weaknesses in the prosecution’s evidence, and represent you in court to seek reduced penalties or case dismissal.
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