4th Drink Driving Charge – No Jail – Ringwood Magistrates’ Court

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The Court: Ringwood Magistrates’ Court
The Date: April 2025

1. 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)
2. 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)
3. 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

1. Under section 49(1)(b) of the Road Safety Act 1986, a person if found guilty of a second offence, is liable for a fine up to $23,710.80 or imprisonment for 12 months.
2. Under section 49(1)(f) of the Road Safety Act 1986, a person if found guilty of a third offence, is liable for a fine up to $35,566.20 or imprisonment for 18 months.
3. 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.