Refuse Breath Test and Disobey Right Turn Sign – Fine

Client had been at home drinking and left to go and buy a packet of cigarettes. The Police observed her making a right turn where it was prohibited. She was pulled over and breathalysed. It showed a positive reading for alcohol and she was asked to accompany for an evidentiary breath test. She then refused to accompany.

Our client was charged with:

  • Refuse breath test
  • Disobey right turn sign

Kristina Kothrakis represented our client at the Melbourne Magistrates’ Court.

The client had just moved into the area that night and was unfamiliar with where the convenience store was. She had in fact only travelled a very short distance and could have walked there. She had one prior drink drive matter that was a low reading traffic infringement notice. The licence loss will primarily effect her capacity to provide care and support to her partner, who suffers from chronic back problems and requires assistance with transportation to and from appointments. Given that the mandatory licence cancellation provisions call for 4 years off the road, the Magistrate was persuaded not to exceed the minimum. She was also fined a relatively moderate amount.

Our client was fined and her licence was cancelled. She was disqualified from driving for a period of 4 years.


Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

Visit Kristina’s profile to read more about her background and experience.

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