2nd Drink Driving and Driving Whilst Disqualified- Melbourne Magistrates’ Court
The Court: Melbourne Magistrates’ Court
The Date: February 2025
- Road Safety Act 30(1) – driving whilst disqualified
- Road Safety Act 49(1)(b) – driving while more than the prescribed concentration of alcohol was present in her breath (alleged reading .022)
- Road Safety Act 49(1)(f) – within 3 hours of driving, furnished a sample of breath which indicated more than the prescribed amount of alcohol was present in her breath (alleged reading .022)
- Fine of up to $47,421.60
- Up to 2 years imprisonment
- Fine of up to $3,951.80
- 6 months imprisonment
- Licence loss
- Fine of up to $3,951.80
- 6 months imprisonment
- Licence loss
Our client was intercepted by police on Dandenong Road. Our client was asked to produce a valid licence, in which he told police that he did not have his licence with him. Police enquiries confirmed that our client had a disqualified licence.
Our client was asked to undergo a Preliminary Breath Test, which demonstrated he had alcohol present in his breath. Our client was asked to accompany police to an onsite testing vehicle for an Evidentiary Breath Test, which he did. Our client told police he had had 6 beers and 2 rums the night before.
The evidentiary breath test demonstrated our client had 0.022 grams of alcohol per 210 litres of exhaled breath. This was in excess of his licence limit of 0.00 as his licence was disqualified at the time. Our client’s car was impounded for 30 days. Because it was his second drink drive offence, the minimum loss of licence was 12 months.
The court imposed a fine of $1300 for all charges and a 12 month mandatory licence loss. Our client was pleased with the low level fine and the minimum mandatory licence loss. He could have lost his licence as a result of driving whilst disqualified but did not.
Other Case Studies
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Drug Driving And Disqualified Driving – (Ringwood Magistrates’ Court)A man in his 40’s had three cases heard on the same day. The charges included drug driving twice, disqualified driving twice and possession of 20 ecstasy tablets. He was fined $1500 with a three month licence cancellation.
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Disqualified Driving – (Heidelberg Magistrates’ Court)
A man in his 30’s was caught driving on a disqualified licence two months into a six month licence cancellation for drink driving. He was driving for work. The court suspended his licence for 2 months (which overlapped with the drink driving disqualification) and fined him $1000.
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Unpaid Fines – (Frankston Magistrates’ Court)
A lady in her 40’s had $68,000 in unpaid fines. She was arrested by the Sheriff and taken to court. At court we were able to have her fines reduced to $3,000 payable at the rate of $100 per month. That’s a saving of $65,000.00
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Disqualified Driving – (Dandenong Magistrates’ Court)
A lady in her 20’s was caught driving on a disqualified licence. She had been disqualified by the Dandenong Court for drink driving. At court we were able to stop her losing her licence for any longer. She was given a fine of $1000.
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Unpaid Fines – (Dandenong Magistrates’ Court)
We had a client who was driving on Eastlink for work and incurred fines in excess of $45,000. We listened to her story, reviewed her documents and had the fines reduced to a total of $1000 and got her 3 months to pay.
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