2 Comments Criminal law, traffic matters, DUI, assault, theft, fraud
It depends on the state you are living in. For example, in NSW, just because the Police saw you driving and you ended up in your driveway (which has to be on your property) and they stopped you under the statement of a breath test, they cannot ask you to do this, when you are on private property. You need to ask them the reason why they are on your property, why they are requiring you to do a breath test whilst on your property. It doesn't matter if you rent or own that property either. You can refuse. Ordinarily, if you were on the street and they asked you, you will need to comply, as this is law. To refuse would be against that law. However, on private property, it is not against the law. You would need to ask for all the information from them, so that if you needed it in court at a later date, you would have it available. It doesn't matter why they asked you as opposed to other cars that passed them, they may have seen you first, it's why it's called a random breath test. When they state your drive way, it needs to be wholly on your property, not on the part from the road to the beginning of your property, because that is local council property and they can ask you if that's where you parked. If they are taking action then speaking to a lawyer is the best thing to do. If they are not taking any action, then you can choose to leave it. If they are targeting you, then they will do it again, that's the nature of targeting. If they do this again multiple times, see a legal practitioner and see what your options are.