by Jimmy  05/08/2020  0 Page Views
1 Comments  Criminal law, traffic matters, DUI, assault, theft, fraud

Hi, 

 

I have a few questions regarding a 1st time DUI charge in South Australia.

 

1 Question.
Am I able to obtain the police officers footage from body cam for the incident?  If so how do I go about it before arriving in court. What time frame should I expect this to take?
Reason being I feel that the officer did something during the booking of charge that was not allowed.

2nd Question.
How do I request the papers with the exact charge and context of what the SA Police are charging me with and what evidence they are using to support their claims?

eg. Will the initial roadside test results be presented in court?
- will bodycam footage be shown in court to support their claims?

Am I entitled to review this evidence they are going to supply on the day to review prior appearing in court as I am unable to adjourn the case again.

 

3rd Question.
If being on a prescribed(by doctor) medication due to injury & surgery in close proximity to the offence
(opioid-based recommended not to consume with alcohol)
but unaware to the court & police at present 
Will mentioning this in court as a reason for
"Refusing A Breath Test" 
due to falling asleep at the station (due to drowsy side effects) and not being given chance to comply (I did comply and give a test roadside)  

A.Can this go against me in a more negative way? 
B. could this stand as a valid argument against Section 47E (3) 

(3) A person required under this section to submit to an alcotest or breath analysis must not refuse or fail to comply with all reasonable directions of a police officer in relation to the requirement and, in particular, must not refuse or fail to exhale into the apparatus by which the alcotest or breath analysis is conducted in accordance with the directions of a police officer. Penalty: (a) for a first offence—a fine of not less than $1 100 and not more than $1 600;

the definition of reasonable is (according to google)
a.having sound judgement; fair and sensible.
b.as much as is appropriate or fair; moderate.

Argument, Is it fair and sensible, that I was not given the opportunity once woken by a family member to complete the test as I was not asked whilst I was awake. I was not given the opportunity in a fair and reasonable way. I was unaware until after leaving the station with my paperwork that I was non-compliant as it was not explained to me properly awake. 

I didn't understand the charge being a category 3 offence—Refusing to blow as I believed I had already completed a roadside breath sample and was being taken to the station for the paperwork as was over the limit. I didn't understand till later the difference in charge.

 

Thank you for your expertise and advice.