Drink Driving by a Supervisor of an L-Plater – Melbourne Magistrates’ Court

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The Court: Melbourne Magistrates’ Court
Date: March 2025

1. Road Safety Act, Section 49(1)(b) – drive a motor vehicle with more than the prescribed concentration of alcohol (Alleged reading 0.106)
2. Road Safety Act, Section 49(1)(f) – Withing 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 0.106)

A fine of up to $11,855.40 or imprisonment for 6 months

A fine of up to $11,855.40 or imprisonment for 6 months

Our client was in the front passenger seat and in charge of a learner driver, when they entered a roadside breath testing site. Our client did a roadside preliminary breath test,which indicated that alcohol was present in his breath.

He accompanied the police to the station, where the secondary breath test revealed a blood alcohol concentration (BAC) of 0.106 grams of alcohol per 210 litres of breath.

Our barrister made submissions to the court, outlining that the Road Safety Act 1986 makes a distinction between being the driver of a car and the supervising driver of an L-plater.

Section 50 of the Road Safety Act 1986 deals with the cancellation periods for drink driving. Under section 50(6), it provides an exemption to the mandatory cancellation periods for supervising drivers.

After making submissions to keep our client’s licence, the Magistrate did not interfere with his licence. The court imposed a fine of $500 without conviction. Our client was pleased as they were able to continue driving despite being charged with drink driving.