Can cops breathtest me at home?

Get free legal advice from a lawyer in your state.

Moderators: Victorian Lawyer, Edward80

Can cops breathtest me at home?

Postby Shazza49 » September 4th, 2011, 7:44 am

I thiought that the cops couldnt breath test you if you made it home. Last night the cops knocked on the door and asked my son to come outside. They then arrested him. Is this illegal?
Shazza49
 
Posts: 2
Joined: September 4th, 2011, 7:40 am

Re: Can cops breathtest me at home?

Postby Victorian Lawyer » September 4th, 2011, 9:04 am

In Victoria they certainly can come and request that you undergo breath test if you are at home. If you refuse to go with them you lose licence for 2 years on first offense and 4 years on second. To arrest at home there would have to be other charges involved - maybe to do with accident etc
Bill Doogue | Criminal Lawyer | Doogue & O'Brien
http://www.drink-driving-lawyers.com.au
T (03) 9670 5121
Level 5, 221 Queen St Melbourne 3000
Victorian Lawyer
 
Posts: 22
Joined: September 1st, 2011, 11:31 am

Re: Can cops breathtest me at home?

Postby Shazza49 » September 9th, 2011, 10:13 am

I am actually in Leichardt in NSW
Shazza49
 
Posts: 2
Joined: September 4th, 2011, 7:40 am

Re: Can cops breathtest me at home?

Postby NSW lawyer » September 20th, 2011, 10:19 am

It is illegal for the police to breath test you at your home. whereabouts on your property did they breath test you. The smart police get you to come out of your house and on the street and breath test you there.
Andrew Tiedt | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/page/Traffic_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
NSW lawyer
 
Posts: 18
Joined: August 24th, 2011, 11:35 am


Return to Ask A Lawyer

Who is online

Registered users: mkfdwpsfrbuvzs