BREATH ANALYSIS TEST HELD TO BE UNRELIABLE

On 1 December 2011 the Full Court of the Supreme Court upheld a decision to dismiss a charge of driving with the prescribed concentration of alcohol on the basis that the person charged had shown that the breath analysis reading was unreliable. The defendant in that case was charged with driving with a blood alcohol concentration of 0.098% after a breath analysis was conducted by police at 10.20 pm.  He exercised his legal right to have a sample of blood taken for analysis and that occurred at 12.30 am.  The result of...

read more