Drink Driving – Melbourne Magistrates’ Court

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The Court: Melbourne Magistrates’ Court
The Charges:

1. 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 .131)
2. Road Safety Act 49(1)(b) – drive a motor vehicle while more than the prescribed concentration of alcohol (Alleged reading 0.131)
3. 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

At 4:30PM, our 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. It was unclear if it was a medical episode or the result of alcohol consumption.

Our client crashed into another vehicle and then hit a 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 restaurant.

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We recommended our client to plead guilty to charges 1 and 3, with charge 2 being withdrawn.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, with their aim to get a minimal fine and no conviction. We were able to achieve both of these.