Refuse Breath Test and Refuse to Give Blood Sample – Intensive Correction Order

Our client was facing charges of Refuse Breath Test and Refuse to Give Blood Sample apart from 3 other criminal charges (Burglary, Theft, and Criminal Damage).

What is alleged to have occured?
The allegations were that our client broke into his employer’s petty cash one night and stole an amount of $200. He then allegedly went out to party with his friends following this event. They were later caught drink driving in a work vehicle and one party, after getting out of the car, defaced the wall of a nearby office building with graffiti.

What happened at court?
We represented the client at the Broadmeadows Magistrates’ Court. He was a disqualified driver at the time with prior convictions for drink driving, driving whilst disqualified, and theft.

At the time of this case, a charge of driving whilst disqualified when committed for the second time or subsequently will automatically warrant a mandatory jail sentence. Our client had already been sent to jail in the past for similar offences and, as such, he is very much at risk of getting a term of imprisonment as a penalty.

What was the result?
The magistrate, however, conceded that the offences were quite old and instead imposed an Intensive Correction Order (ICO). This was a favourable result as this will allow our client to serve his sentence not behind bars but in the community.
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