Were you caught drink driving between July 1st 2104 and 5th March 2015? Be aware there has been a monumental error by Victoria Police who have used unauthorised operators to conduct breath and drug tests on drivers since July 1st 2014. This could mean that thousands of drivers have a valid defence to either a drink driving or drug driving charge. There have been 660 unauthorised police operating breath instruments and drug test kits and no one really knows how many drivers have been affected by this error by police. If you have been breath tested  or drug tested since July 1 last year then you should call me to arrange an appointment to examine your case.

This bungle by police has caused them to now try and argue that even though the evidence was obtained illegally they should be still able to use it in court. They have admitted it was a fatal error by quickly re issuing new authorities to the 660 operators on the 5th March 2015. There has not yet been a decision by the courts on this police error but it can be expected a Magistrate will in the next few months have to decide the issue. My advice to my clients has been to plead not guilty and wait for the court to decide this issue. In my view police are going to have great difficulty in convincing a Magistrate to accept a breat or drug test conducted by a person who was not authorised by the Act to conduct them. The analogy is to a person who may have had a few driving lessons but has not yet obtained authority from Vicroads to drive a car on a road. There may be many reasons why police command may not grant a police member an authority to operate a breath instrument or drug kit.