Drink driving and careless driving -Online Magistrates’ Court – March 2025
The Court: Melbourne Online Magistrates’ Court
The Charges:
- Road Safety Act 49(1)(g) – within 3 hours of 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 0.131);
- Road Safety Act 49(1)(b) – drive a motor vehicle while more than the prescribed concentration of alcohol (Alleged reading 0.131);
- Road Safety Act 65 – driving a motor vehicle carelessly.
A fine of $11,855.40 or 6 months imprisonment.
A fine of $11.855.40 or 6 months imprisonment
A fine of $2371.08 Loss of licence
At 4:30PM, our 85 year old client parked his car behind a strip of shops. He proceeded to drive from his parking spot at a high rate of speed towards a brick wall.
Our client hit the side of another vehicle and the brick wall. The collision had such force that the other vehicle was pushed into the brick wall. Our client then reversed quickly, side-swiping a second vehicle and reversing through the brick wall of a pizza shop.
When the police arrived, our client underwent a preliminary breath test, which indicated that alcohol was present in his breath. Our client was taken to hospital for medical reasons and had his blood tested, which indicated a reading of 0.131 grams of alcohol per 100 millilitres of blood.
We recommended pleading guilty to charges 1 and 3, with charge 2 being withdrawn.
The court imposed a fine of $1000 without conviction and a licence loss of 15 months. The client was pleased as they had told us they were not going to drive again and their aim was to get a minimal fine and no conviction. We were able to achieve both.
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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