The second defence is based on something called the two hour rule.
The two-hour rule is simply a rule of law that states that the police have a two hour time window between the time that you drive and the time that the breath analysis which is later used in court to prove their reading is conducted.
If the two hour time window is missed or if the police simply cannot prove that they’ve complied with the two hour rule, then very often the police case against you will collapse and you will therefore win almost by default.
For instance, very often after a car accident, the police are not there at the time of the accident.
It’s very difficult to establish the exact time that the accident took place. The police arrive sometime later. They conduct the breath analysis. You’re over the limit but police can’t necessarily prove that that breath analysis conducted within the two hours of the accident and if that’s the case that might be the foundation of the defence based on this two-hour rule.
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