Refuse Breath Test – Charge Withdrawn

This is a case study on a Refuse Breath Test charge which ultimately got withdrawn.

What is alleged to have occured?
Our client was charged with Refuse Breath Test following an incident at a fast food restaurant. It was alleged that our client was driving his car, ordered food from the restaurant via drive thru, then refused to pay for his order. Police were called and responded and tried to administer a breath test however our client refused.

The police also alleged that our client’s driver’s licence and other information were provided during the incident.

What happened at court?
Andrew George acted on the client’s behalf at the Heidelberg Magistrates’ Court.

During our conference with the client, he informed us that he knew nothing of the allegations made by the police. He instructed us to negotiate with the police prosecutors.

What was the result?
All charges charges were ultimately withdrawn. This was a successful outcome as the client was able to avoid the risk of losing his licence for a minimum period of 2 years.

Andrew GeorgeAndrew George

Andrew has over 25 years experience as a criminal lawyer and has been an Accredited Criminal Law Specialist since 1995. As Partner of Doogue + George, Andrew oversees all matters run out of the Sunshine office as a commitment to ensuring that your case has a proper and fair hearing to ensure the best outcome possible. Andrew has spent most of his career representing Melbourne’s western suburbs and has a commitment to the working people of Victoria. His experience includes providing criminal defence for a client during IBAC’s first major prosecution, Operation Fitzroy.

View Andrew George’s profile.
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 20/03/2020