Traffic Offences

Blood & Urine Samples - Driving under the influence

Traffic Lawyers Sydney and Parramatta Offices

Nyman Gibson Stewart
Criminal Lawyers

Burwood Local Court

Represented by Solicitor: Carol Younes 

Facts: Client was prosecuted for driving his vehicle whilst under the influence of a drug namely cocaine. Our client was involved in a sole vehicle collision on the M5 motorway. He called the police to report the accident and they attended the scene. Our client was not injured and during the course of questioning by police he made admissions that he had cocaine earlier that evening. The police placed our client under arrest and took him to the hospital where he was required to submit to a blood and urine sample to detect the presence of any drugs. The analysis came back positive and detected a number of illicit substances including cocaine. When the matter was first considered by Dennis Miralis of our office our client was given firm advice to defend the charge. Ms Younes appeared on the hearing.

Result: Ms Younes ran a 2 day hearing and objected to the admissibility of evidence by the prosecution including the admission by our client and the certificate by the analyst. Further it was put to the court that the police abused their powers and made an unlawful arrest. After lengthy legal argument between the prosecution and the defences Her Honour reached a view that due to improprieties on behalf of the police the case was not proved beyond a reasonable doubt and the charge was dismissed. Our client did not even have to give evidence in the proceedings and it was simply a case where the prosecution had no prima facie case upon the evidence of the analysis being excluded.

If our client did not stand up for his rights and defend the matter, he faced an automatic 12 month disqualification and a significant insurance debt.
 

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