2nd Drink Driving and Driving Whilst Disqualified- Melbourne Magistrates’ Court

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The Court: Melbourne Magistrates’ Court
The Date: February 2025

1. Road Safety Act 30(1) – driving whilst disqualified
2. Road Safety Act 49(1)(b) – driving while more than the prescribed concentration of alcohol was present in her breath (alleged reading .022)
3. 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)

1. Fine of up to $47,421.60
2. Up to 2 years imprisonment

1. Fine of up to $3,951.80
2. 6 months imprisonment
3. Licence loss

1. Fine of up to $3,951.80
2. 6 months imprisonment
3. 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.