Common Defence Strategies

Many people often believe that because they have been charged with a drinking and driving related offence that they will ultimately be convicted of the charges and lose their driving privileges. This in not necessarily the case and there are several "typical" defence strategies that are considered on a case-by-case basis:

The Carter Defence

The Carter Defence is based on the assumption that the breath analyzer was not working properly and that there is a possibility that the resulting reading was incorrect. Typically this defence is used when the charged individual is certain that he/she did not consume the amount of alcohol necessary give rise to the breath results achieved.

There is often documented evidence available to assist with this defence strategy. The accused may have a credit card receipt or a bar bill that indicates the amount of alcohol purchased and at what time. In addition, independent witnesses such as a friend or business associate who was present at the time of drinking or the bartender or wait staff can provide independent confirmation of your drinking pattern which will support the Carter Defence strategy.

We at Neuberger Rose believe in spending a considerable amount of time with potential witnesses, training them in the techniques for being an effective witness. We also employ a unique strategy for preparing the evidence and subjecting the potential witness to mock examinations and cross examinations.

The "Last Drink Defence"

This defence, also referred to as the "Bolus Drinking Defence", is based on the assumption that the accused individual was stopped by the police a few minutes after "guzzling" their last drink. These circumstances can result in the alcohol not being fully absorbed in the accused body at the time the breath samples were taken.

Rights to Counsel Defence

Occasionally the police do make mistakes and they do not provide the accused with their full array of rights to counsel without delay upon arrest or detention. The authorities are required to ask the accused if there is a particular lawyer he/she wishes to speak with, and they should also provide a telephone and privacy to the accused, depending on the circumstances of the case.

For detailed no-charge 30 minute consultation, please contact our office.