In the landmark reported case of Cook v Couacaud [2016] VSC 791 barrister Peter Billings appeared with Patten Robins’ Principal Anthony Murdoch in the Supreme Court of Victoria. The proceeding appealed a decision by a Magistrate which ruled that our client was guilty of high level drink driving. Justice Lasry ruled that the correct procedure had not been followed by police in requiring our client to attend the police station to undergo a substantive breath test.
Victoria Police were ordered to pay costs for the Supreme Court and Magistrates’ Court proceedings which exceeded $85,000. There is no doubt that drink driving is a serious offence and dangerous behaviour, and therefore the penalties are also severe. This is why police must be held to the highest standards in performing the proper procedures for both the preliminary and substantive breath tests.
Read the full judgment here: Cook v Couacaud [2016] VSC 791