Legal Question in DUI Law in Australia

possible unlawful breath test
i was breath tested in a public car park ( in a shopping centre )by police officers comming from an unmarked police vehicle ( parked illegally i might add ) and was indicated that i was over the legal limit. i was aked, not arrested, to accompany them to the police station for a ''propper'' breath sample there . my level was 0.067% at the police station. I was wondering whether the initial breath test was legal ?

Asked on 1/09/04, 3:04 am

Tim Wishart McMahons National lawyers

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Re: possible unlawful breath test

does not sound unlawful to me - if you exhibited an intention to drive, they were probably empowered to test you.

Answered on 1/09/04, 3:54 am

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