Refuse Breath Test and Other Charges – Not Guilty, Fine

Our client was facing multiple charges involving both traffic and non-traffic offences. He was listening to the radio while seated on the driver’s seat of his car when the police found him and subjected him to a breath test. Our client refused.

The charges he faced at the Melbourne Magistrates’ Court were:

  • Refuse Breath Test
  • Drive While Suspended By Infringements
  • Exceed Speed Limit
  • Possess Cannabis
  • Possess Heroin

Our client was previously convicted once for drink driving. This means that a second conviction for a drink driving matter would result to a loss of licence for a minimum of 4 years.

The magistrate however ruled that there was no sufficient proof to prove that our client was “in charge” of a motor vehicle at the time of the alleged offending. Hence the police did not have the right to subject him to a breath test.

Ultimately, the magistrate found our client not guilty of the charge of Refuse Breath Test. A fine was imposed for the rest of the charges which our client could pay within 3 months. His licence was also cancelled and he was disqualified from driving for 18 months.