Honest & Reasonable Mistake

The DUI defence of “Honest & Reasonable Mistake” exists in relation to many criminal offences, it is no different with drink driving or PCA. However, whilst this defence does exist in practical terms it is a very hard type of defence to prove beyond a reasonable doubt before a court of law.

It must be shown that you honestly and reasonably believed that you were not under the influence of alcohol and that you were under the Prescribed Alcohol Limit before you began to operate a motor vehicle.

Generally, this is a hard defence to prove since you would need to show the court that you were unaware of the fact that you were affected by alcohol – obviously the difficulty comes from the fact that most people are well aware of the fact that they have consumed alcohol since it is an act done by themselves. Having consumed any amount of alcohol you run the risk of being somewhat affected by the substance.

In some circumstances where you honestly believe that you were under the limit then you need to provide substantial evidence to show why you were of this belief. Using your own handheld breathalyzer will generally not be sufficient to prove this defence since the majority of hand held breathalyzer are not as accurate as the police blood alcohol analysis machines.

This is a very hard defence to prove within the circumstances of drinking and driving – however if your feel very strongly about the fact that you honestly and reasonably believed that you were not affected by alcohol or over the prescribe alcohol concentration limit then you should contact our office to discuss the circumstances surrounding your situation. Each matter is taken and handled on its own merits.

We can discuss your particular situation with you and advise you whether we think you may have this defence open to you.

HONEST & REASONABLE MISTAKE – DUI DEFENCE

Speak to our DUI Defence Lawyers – Josh Boorman Ph: 1300 941 900


Our DUI Lawyers can be contacted at:

Sydney Drink Driving Lawyers | DUI Solicitors NSW

14/362-370 Pitt Street
Sydney NSW 2000

Email: jboorman@boormanlawyers.com.au

DUI Defence Lawyers was written by Josh Boorman a Sydney Drink Driving Lawyer.

Please contact Josh Boorman today to discuss your matter over the telephone or via email for an initial FREE consultation and information on Challenging a DUI Reading with DUI Lawyer Sydney.

Please contact Josh Boorman today to discuss Drink Driving Defence & DUI Defence over the telephone or via email for an initial FREE consultation with qualified Sydney Drink Driving Lawyers.