Police breath test in man’s driveway has many pondering if it was legal
A photo of a police car pulling into a man’s driveway to perform a breath test has divided amateur legal scholars on Facebook.
The image of the NSW Police cruiser pulling up the drive of one man’s home has prompted many Facebook users to offer their two cents on whether it is legal for police to perform a breath test on you once you’ve arrived home.
Sydney motorist Dylcey Grimding shared the image, claiming he pulled into his driveway moments before the Highway Patrol car ripped down his street and into his drive with lights and sirens blaring.
He blew the bag and returned a negative result, but the incident left a bad taste in his mouth as to whether the police had over stepped their mark.
“Just a question... I thought that cops weren't allowed to breathalyse you in your driveway, am I wrong?” Grimding posted on Facebook.
[[[ 'Has the Queen enacted it?': Queensland driver tests cop's patience, insists breath tests are illegal]]](https://au.news.yahoo.com/qld/a/33231624/has-the-queen-enacted-it-queensland-driver-tests-cops-patience-insists-breath-tests-are-illegal/|)
Sydney police officer struck by hit-and-run driver travelling at 121km/h
'I've got a seatbelt': QLD cops catch driver using mattress as seat
“I just drove in the driveway but he came flying up my street sirens going like he was in a pursuit like a f****** maniac.”
Hundreds of people offered their opinions of the matter, with some claiming to be in the know.
“I didn't think they were allowed to actually breath test you, but can determine if they think you've been drinking by visual observation,” wrote one person.
“I don't think they can if it is your driveway,' another man commented.
“The law changed when lock-out laws were introduced, so they can but only if they saw you driving and then pulling into the premises,” one woman claimed.
“My mate was done while working on his car on the road outside his place, he had no driveway,” wrote one user.
According to legal experts and the NSW Police, you cannot be breath tested inside the property you call “home”, The Daily Mail reports.
Legally, the “home” is said to include the driveway of any part of a designated parking space accompanying your house or apartment, according to the NSW Road Transport Act 2013.
A spokesperson for the NSW Police confirmed this fact to the Daily Mail, saying “you’re not allowed to be breath tested once you get home”.
This was tested in court in 2002 when a driver was signalled to pull over for a breath test a moment before pulling into his driveway.
He was tested and charged with low-range drink driving but was later acquitted in court.
