Under the Influence of Liquor, UIL – Fail to Provide Specimen.
Our client was involved in a head on collision after the other vehicle crossed into our client’s lane and actually caused the collision. Police attended the accident scene and our client, whilst not at fault, tested positive for alcohol with a reading of .074 road side. The issue here was he was not at fault however, he was drink driving. Our client sustained serious injuries and was transported to hospital. At hospital, there was confusion to certain facts and our client allegedly failed to provide further tests as required by police. Our client was charged with failing to provide a specimen and the subsequent charge of driving under the influence of alcohol (UIL) followed. This is automatically a high range reading and attracts a longer disqualification period.
Under instruction, we made strong arguments for the charge to be reduced. Police initially rejected our submissions and the matter was listed for a hearing.
A few days out from the hearing, after careful negotiations, our negotiations with police were finally accepted. Our client received a 1 Month disqualification period with a fine of $350.