Ophelia Hollway
This is a real case study by one of our lawyers. The person who is in charge of this area in the firm is Ophelia Hollway. Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George. She has defended a wide range of allegations including sexual offences, drug offences, corporate crime, and driving matters, and served as instructing solicitor in the Coronial Inquest into the Death of Kumanjayi Walker.
View full profile →This is a case study on refusing a breath test and unlicensed driving at the Melbourne Magistrates’ Court, where both charges were withdrawn despite two police officers claiming to have witnessed the offending.
What is alleged to have occured?
Police alleged that our client had been driving while unlicensed and had refused to undergo an evidentiary breath test. Refusing to undergo an evidentiary breath test is a serious offence as, if found proven, it carries a mandatory two-year disqualification from driving.
What happened at court?
We represented the client at the Melbourne Magistrates’ Court who faced charges of:
Our client contested the matter.
What was the result?
Following lengthy discussions with a police prosecutor, both charges were withdrawn. This was an excellent result as two police officers claimed they had seen the client driving the car which meant it was very unlikely for the charges to be withdrawn.
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 26/04/2016
