Refuse Breath Test and Disobey Right Turn Sign – Fine

This is a case study on traffic offences resulting in a moderate fine and the mandatory minimum period for licence cancellation.

What is alleged to have occured?
Our client was facing charges of Refuse Breath Test and Disobey Right Turn Sign. The police pulled her over after seeing her do an illegal right turn while driving a car. A breath test was conducted via a breathalyser and she tested positive for alcohol. When asked to accompany the Police for evidentiary breath test, she refused.

Kristina Kothrakis acted on the client’s behalf at the Melbourne Magistrates’ Court.

What happened at court?
Submissions were made to the court detailing the circumstances surrounding the offences. At the time our client was pulled over, she was about to buy a pack of cigarettes and was unfamiliar with the location of the convenience store. She had just relocated to the area during that night. The distance she had travelled was also considerably short that she could have just walked there.

Our client has one prior drink driving matter related to a low reading traffic infringement notice. A loss of licence would greatly affect her ability to support his partner who has back problems, and who needs assistance in getting transported to and from his appointments.

What was the result?
The magistrate sentenced our client to a moderate fine. As the mandatory minimum period for licence cancellation in this case is 4 years, our client was given that sentenced as well. The magistrate was convinced not to further exceed this minimum.

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.

View Kristina Kothrakis’ 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 06/03/2020