[VIC] Hit & Run + Drink Driving?

[emir3008]

Hey guys, last night there was a knock on the front door, there was two police officers standing there asking who was the driver of one of the cars in the driveway the car being my dads work Ute.

They then say the vehicle was involved in a hit and run about 30minutes to an hour ago, they then breath tested my dad he then blew over the limit, and they asked him to go down to the station.

The thing is after work everyday he smashes down about 200mls or more of either straight whiskey or home brewed rakija, which has a really high percentage of alcohol. He had his usual drink about 45minutes before the police arrived so within that time his level of alcohol had risen.

The next thing is, we looked at his ute and there are no indications of him hitting any other vehicle, no scratches, no paint marks or dints. He even took it down to the police station today and one of the officers there also said he couldn't see any damage.

Anyways, hes had his license taken off him for 12months and has been charged with hit and run.

The police officers also wouldn't allow me to go and interpret for my dad, because he doesn't speak English well, nor did they even try and get an interpreter for him.

Does anyone else think this isn't fair. And has anyone been in a similar position being breath tested at your own home after you had been driving.

Also how well do you think our case will go in court? Have to go and speak to our lawyer tomorrow about it.

This is in Victoria by the way.

Cheers

[Fenners]

not fair at all. i dont see they could charge him with no evidence? what ever happened to innocent untill proven guilty? we are starting to live in a world of shot first ask questions later....but you can be charged with minimal evidence and is classed as beyoned reasonable doubt but this case doesnt sound right how could he possibly be involved in a hit and run and escape without damage that doesnt seem beyond reasonable doubt to me. i dont see how they can test him as theres no proof that he was DUI but knowing the law now they prob can, as for court. if you get a judge that has any common sense it will be thrown out of court and license re issued.

[Demonica]

Geez did they think he came home and his car magically repaired itself?

[acarmody]

Fastest panel beaters in the East Coast. Ask for the proof they have of the hit and run. But definitely talk to a lawyer.

If they don't provide him with an interpreter anything he says or agrees to can't stick as he can just say he didn't understand.

[crazyspoon05]

Police can charge you for DUI even if you hadn't consumed alcohol until you arrived home

You'll need good legal representation to fight that charge and prove beyond a doubt to a magistrate that your father didn't have anything to drink until he got home

[minux]

Not gving advice on this. All the best with it, I suggest you speak to a lawyer ASAP.

[badaz]

Mate I would have to agree with Minux, go and see a lawyer ASAP. The police will have to prove that it was your Dads ute that was envolved. Take some pictures of the ute to the lawyers and mention that they refused to provide him with a interpreter, before they questioned him they should of explained his rights.

[ClairBear]

My initial thought is the Police would have some evidence to suspect your Father that you are not yet aware of. What or who is he supposed to have hit?