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Little-known breath test law leaves man $5000 out of pocket

3aw mornings

A Kooyong man has been left almost $5000 out of pocket after police dropped charges against over law Neil Mitchell finds “illogical.”

Prue Holyman spoke with Neil about it on Wednesday.

Her husband was involved in a minor accident at Port Melbourne on his way home from work on a Friday night.

Nobody was injured and details were exchanged.

He got home and had a few glasses of wine with her.

Shortly after, there was a knock on the door.

It was the police.

Prue and her husband were stunned to find out he could be breath-tested up to three hours after the accident.

He blew over – .07.

The matter ended up court where police opted to drop the charge under the proviso Mr Holyman didn’t pursue costs.

“It’s just ludicrous,” Ms Holyman said.

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