Most advocates who deal with drink-driving offences will know of DPP v Moore (2003) 6 VR 430, where the Court of Appeal held the then public-policy discretion, or the unfairness discretion, could be used to exclude a result of a breathalyser test if the accused person was talked out of or denied a subsequent blood …

Continue reading Douglas v Police [2011] SASC 50: Practical application of DPP v Moore?