Refuse Breath Test and Disobey Right Turn Sign – Fine

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.

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 drink 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.

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.