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

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

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

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

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

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

A fine of $1,017.55

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.

Our client had two drink driving priors and we recommended he plead guilty to charges 1, 3 and 4 with charge 2 to be withdrawn.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.