Refuse Breath Test, Speeding, Drive Whilst Disqualified, and Other Charges – Fine, Not Guilty

Our client was found by Police sitting in the driver’s seat of his car while listening to the radio. The Police requested a breath test which our client refused.

He was charged with:

  • Refuse Breath Test
  • Drive While Suspended By Infringements
  • Exceed Speed Limit

We represented the client at the Melbourne Magistrates’ Court.

Our client would have lost his licence for 4 years if he was found guilty (because he had a prior conviction for drink driving). The Magistrate however found that he was not ‘in charge’ of a motor vehicle in the relevant sense, and thus the Police did not have the power to breath test him.

Our client was found not guilty of refusing breath test. For the charges of speeding and driving whilst suspended, he was fined. He was also fined for Possess cannabis and Possess heroin. His driver’s licence was cancelled and he was disqualified from driving for 18 months. The Court gave him a period 3 months to pay the fines.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013