How to Win a Drunk Driving Case in South Africa
What is Drunk Driving?
Driving under the influence of alcohol or drugs while handling a vehicle is considered inappropriate and dangerous.
Can you win a Drink driving case?
One of the common ways to win a drunk driving case is if there is a failure by CPS to provide disclosure.
What is the penalty for drunk driving in South Africa?
Offenders could face imprisonment of up to 6 months or a fine of at least R2, 000.
What evidence does the police need for drunk driving?
The Police gather evidence, and one of the popular methods of investigation relies on using a complex Breathalyzer or taking blood or urine samples.
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Do you automatically lose your license for drinking and driving in South Africa?
Drinking driving is a severe case in South Africa, which could lead to an obligatory 12 months disqualification, according to the road traffic offenders act 1988 Section 34(1).
How much does it take to clear a criminal record in South Africa?
It costs around R160.00 per application fee to clear a criminal record in South Africa.
Build a Solid Defense
Before you even begin considering your legal options, you need to build a solid defense. This could come in the form of a chemical test, a witness, or even physical evidence. You need to make sure that your defense is as strong as possible so that the prosecution can’t use it against you. If you are able to provide a good defense, the judge won’t even consider the prosecution’s case to begin with. If you were pulled over and given a field test, you could use the results of the test against the prosecution. If the results come back positive for alcohol, it could be used against you. However, field tests are often inaccurate and inaccurate readings have even been used as evidence before. This is something that you can use as a defense against the prosecution and help with your case.
Know Your Rights
There are specific rights that you have as a suspect in a drunk driving case. It’s important to know what these rights are so that you can take advantage of them and get the best defense possible. You have the right to remain silent, but this doesn’t mean that you should. If you’ve been arrested for drunk driving, there’s a good chance that a judge will put you in jail. Therefore, it’s important to speak up and state your case. You also have the right to inform the police of your drunk driving conviction. If you’ve previously been convicted of drunk driving, the state will use this against you in your current case. However, you’re allowed to inform the prosecution of this. You also have the right to request a blood or urine test in order to prove your innocence.
Ask for a Breathalyzer Test
If you are given a blood or urine test, you have the right to ask for a breathalyzer test as well. This is done so that the prosecution can’t use your blood or urine result against you. If you have a blood or urine test result that is above the legal limit, it could be used against you. However, a breathalyzer is often seen as the most accurate test in a court of law. Therefore, the prosecution can’t use the results of the other tests against you. If you request a breathalyzer test, the prosecution will likely refuse and use it against you. This is because refusing a breathalyzer test is a violation of your rights and could be used against the prosecution. Your lawyer will likely advise you to request a breathalyzer test anyway since it helps your case.
Hire an Attorney
If you’ve been charged with drunk driving, it’s important to hire an attorney. This is something that you should do regardless of the circumstances surrounding your charge. Getting an attorney is your first step in fighting your case and building a strong defense. A lawyer can help you understand what your options are and what you can do to better your situation. An attorney can also help you get a reduced sentence or even get the charges dropped altogether. If you’re charged with a felony, it’s important to hire an attorney in order to help you get a reduced sentence. A misdemeanor sentence will only cost a few hundred dollars, whereas a felony sentence can cost tens of thousands of dollars.
Fight the case based on DNA evidence
If you were charged with a sexual assault, there is a chance that the police found DNA evidence on the victim. This could be used against you in order to prove that you committed the assault. However, there are ways that you can use this type of evidence to help your case. DNA evidence can be used against the prosecution by proving that their sample was contaminated or tampered with. This is done so that the judge considers the evidence against you unreliable and won’t even consider it in the first place. DNA evidence is often the best way to fight a drunk driving case that includes sexual assault charges.
