Prosecution drops refusing breath test charge against Former North Melbourne footballer Mick Martyn
Rugged two-time premiership full back Mick Martyn gave the don’t argue to a charge of refusing a breath test after an accident in a big win in court.
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Former North Melbourne premiership defender Mick Martyn has been able to shrug off a charge of refusing a breath test within three hours of driving a motor vehicle involved in an accident.
Mr Martyn 55, a rugged defender for the Roos and for a short period with Carlton fronted Melbourne Magistrates’ Court on Monday
Police alleged Martyn refused a breath test in Newport on January 10, 2022, after he was believed to be the driver involved in a car accident.
Martyn’s lawyer Warwick Walsh-Buckley told the court his client was suffering from hearing challenges at the time he allegedly refused the breath test.
Mr Walsh-Buckley argued there was insufficient evidence to prove his client refused to provide the breath test within the three-hour window of the believed collision.
“We submit that the requirements of no case submission have been met and it would be justified in dismissing the charge,” he said.
“I can’t see how a reasonable jury could convict at this point.”
One count of refusing a breath test within three hours of being the driver of a motor vehicle involved in an accident against Martyn was dropped.