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).

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.

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.

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.

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