• Home Case Studies Driving whilst disqualified, drink driving, stating a false name or address – Melbourne Magistrates Court

Driving whilst disqualified, drink driving, stating a false name or address – Melbourne Magistrates Court

driving-whilst-disqualified-drink-driving-stating-a-false-name-or-address-melbourne-magistrates-court

The Court: Melbourne Magistrates’ Court
The Date: May 2026

The Charges:
  1. Road Safety Act 30(1) – driving whilst disqualified
  2. Road Safety Act 49(1)(b) – drink driving with a BAC of .023
  3. Road Safety Act 49(1)(f) – within 3 hours of driving, had a BAC of .023
  4. Road Safety Act 59(2) – stated a false name or address to police
Possible Penalties out client was facing:
Charge 1:

A fine of $48,842.40, imprisonment for up to 2 years and/or a licence disqualification

Charge 2:

Minimum mandatory licence disqualification for 12 months and fine of $24,421.20

Charge 3:

Minimum mandatory licence disqualification for 12 months and fine of $24,421.20

Charge 4:

A fine of $1,017.55

The Facts of the Case:

At 10:50PM, our client was intercepted by police. Police requested our client to produce their driver’s licence, our client then produced their brother’s driver’s licence and stated a false name, namely their brother’s name to police. The police stated that the photo on the driver’s licence was not a match with our client.

A check of VicRoads for our client revealed his licence was disqualified due to a traffic infringement notice.

Police conducted a Preliminary Breath Test, which indicated alcohol was present in his breath. Our client accompanied police to a breath testing location, where our client produced a reading of 0.023 grams of alcohol per 210 litres of breath. As our client did not hold a valid driver’s licence, this reading was in excess of the 0.00 limit which he was required to have.

The result

Our client had two drink driving priors and we recommended he plead guilty to charges 1, 3 and 4 with charge 2 to be withdrawn. The court held that our client’s licence be cancelled for the mandator minimum 12 months and fined $600 without conviction. Our client was very pleased that he avoided a Community Corrections Order.

Contact Us for Expert Advice

    Upload file-attachment
    PDF (Charge & Summons)

    This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.


    Other Case Studies