Drink Driving – Driving While Disqualified – Melbourne Magistrates’ Court
The Court: Melbourne Magistrates’ Court
The Date: December 2024
The Charges:
- Road Safety Act 49(1)(b) – driving while more than the prescribed concentration of alcohol was present in her breath being any concentration of alcohol whatsoever (alleged reading 0.027)
- Road Safety Act 49(1)(f) – within 3 hours of driving, the accused furnished a sample of breath which contained alcohol over their prescribed concentration (alleged reading 0.027)
- Road Safety Act 30(1) – driving during a period of disqualification
A fine of up to $3,951.80 and a licence loss
A fine of up to $3,951.80 and a licence loss
A fine of up to $47,421.60 or imprisonment for up to 2 years
Our client entered a preliminary breath test station on the side of the road. Our client underwent a Preliminary Breath Test and as a result, police formed the opinion that alcohol was present in the accused breath. Police checks with VicRoads revealed that our client was Victorian driver’s licence was disqualified.
Our client accompanied police to the on-site testing vehicle for an Evidentiary Breath Test, in which our client’s reading was 0.027, being in excess of the 0.00 limit which applied to them while on a disqualified licence. Our client was on a Community Corrections Order at the time for previous offences.
The court imposed a fine of $1000 without conviction and a 12 month licence disqualification. Our client was pleased with the no conviction result and a very low level fine for the offending while on a Community Corrections Order for an identical case three months earlier.
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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