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Message: [QUOTE="Jason Simmons, post: 3039196, member: 8275"] Been tried in court a million times and has never succeeded once to the best of my knowledge. The reason is because deeming provisions under TORUMs means a properly issued certificate from an approved breath analysing instrument, operated by an authorised breath analyser is ‘deemed’ to be conclusive proof of breath alcohol concentration. Mistake of fact is also specifically excluded as a defence to drink or drug driving. Your legal options then come down to 1. Proving the certificate wasn’t lawfully issued (improper requirement). 2. Proving there was some inaccuracy inherent in the instrument. 3. Some extraordinary emergency that meant you had to drive because of some life threatening emergency, or 4. A direction to drive by some lawful authority, ie: a police officer. Your points may have some relevance in mitigating a sentence, but they will have zero effect on guilt or otherwise. [automerge]1558961655[/automerge] I would speak to a properly qualified legal advisor before you give it a run... [/QUOTE]

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