Legal

Wed, 3 Apr, 2019Georgia Dixon

Man breath tested in own driveway divides Facebook – who is in the wrong?

Man breath tested in own driveway divides Facebook – who is in the wrong?

A Sydney motorist has caused quite a stir on social media after posting a photo of a police car in his driveway, claiming he had just been breath tested. Despite testing negative, driver Dylcey Grimding shared the image to Facebook asking, “Just a question... I thought that cops weren't allowed to breathalyse you in your driveway, am I wrong?”

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“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,” he wrote.

Hundreds of people chimed in with their opinions, with many sharing the sentiment of one commenter who wrote, “I don't think they can if it is your driveway."

“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,” one woman wrote.

“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,” another claimed.

But what do the police have to say about it all? As the Daily Mail Australia discovered, you cannot be breathalysed in the property you call “home”. According to the NSW Road Transport Act 2013, “home” does indeed include the driveway or any parking spot designated to your house or apartment. A spokesperson confirmed this, telling the Daily Mail, “You’re not allowed to be breath tested once you get home.”

Have you ever been breathalysed in your driveway before? Share your story with us in the comments below.