4th Drink Driving Charge – No Jail – Ringwood Magistrates’ Court
The Court: Ringwood Magistrates’ Court
The Date: April 2025
- 49(1)(b) of the Road Safety Act 1986 – driving a motor vehicle while more than the prescribed concentration of alcohol is present in breath (Alleged reading 0.202)
- 49(1)(f) of the Road Safety Act 1986 – Within 3 hours after driving a motor vehicle,furnish a sample of breath and the indicated concentration of alcohol after driving or being in charge of a motor vehicle (alleged reading 0.202)
- 49(1)(a) of the Road Safety Act 1986 – driving a motor vehicle while under the influence of intoxicating liquor to such an extent as to be incapable of having proper control of the vehicle
- Under section 49(1)(b) of the Road Safety Act 1986, a person if found guilty of a second oPence, is liable for a fine up to $23,710.80 or imprisonment for 12 months.
- Under section 49(1)(f) of the Road Safety Act 1986, a person if found guilty of a third oPence, is liable for a fine up to $35,566.20 or imprisonment for 18 months.
- Under section 49(1)(a) of the Road Safety Act 1986, a person, if found guilty, is liable for a fine up to $4,939.75 or imprisonment for 3 months.
Our client was intercepted by police who were working at a Preliminary Breath Testing site. Our client did a roadside preliminary breath test which indicated that alcohol was present in his breath.
Our client accompanied police to the Testing Vehicle where they conducted an evidentiary breath test revealing that our client had a breath alcohol concentration of 0.202 (four times the legal limit). Our client’s licence was immediately suspended for a period of 12 months. Our client had three previous drink drive cases.
As our client had previous drink driving oPences, their licence was cancelled for 40 months and was given a 9-month Community Corrections Order (CCO). Our client was pleased with the outcome as they did not have to pay any fines and was not sentenced to a term of imprisonment.
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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