Drink-Driving Charge with Entry Issues

Background

Ms Zhang was charged with drink-driving following an incident where police attended her residence after she had already returned home. The case involved complex issues around police powers of entry into private property and the circumstances under which such powers can be lawfully exercised.

The Challenge

This case presented significant legal complexities beyond a typical drink-driving charge:

• Police entry into private residence: Questions around lawful authority to enter the home

• Post-driving apprehension: Processing occurred after Ms Zhang had returned home

• Search and seizure powers: Complex legal framework governing police entry rights

• Constitutional protections: Fundamental rights regarding privacy and home security

  
  

Our Approach

Through detailed legal analysis, we identified that the police power of entry was not justified in the circumstances of this case. We engaged in comprehensive negotiations with the prosecution, presenting legal arguments that demonstrated the unlawful nature of the police entry and subsequent processing.

Outcome

Following our negotiations with police, they acknowledged that their power of entry was not justified. This led to:

• Charge withdrawal: Complete dismissal at the case review hearing

• No conviction recorded: Ms Zhang's record remained clean

• Rights vindicated: Successful protection of constitutional rights regarding home entry

  
  

Significance

This case highlights the critical importance of understanding police powers and constitutional protections. Even where evidence of an offence may exist, unlawful police conduct can render that evidence inadmissible, demonstrating how procedural rights protect all citizens from overreach by authorities.