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

Possible penalties our client was facing:

Charge 1:

A fine of up to $3,951.80 and a licence loss

Charge 2:

A fine of up to $3,951.80 and a licence loss

Charge 3:

A fine of up to $47,421.60 or imprisonment for up to 2 years

The Facts:

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.

Result in Court:

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.

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