Victorian Liberal MP Tim Smith has quit the shadow cabinet after being involved in a drink driving collision in Melbourne.

In a statement the Member for Kew said “last night I made a serious error of judgement”.

“After dinner with friends I believed I was under the legal limit to drive home. This was not the case,” he said.

“I was breath-tested and returned a positive reading.

“I have been fined under the Road Safety Act and my licence has been suspended for 12 months … Today I tended my resignation from the shadow cabinet to the leader of the Opposition, which he has accepted.”

Police said a 38-year-old driver returned a breath test result of 0.131.

“Police responded to a two-vehicle collision in Hawthorn on Saturday October 30,” Victoria Police said in a statement.

“Emergency services were called to reports a car had collided into another vehicle on Power Street before crashing into a fence about 8.55pm.”

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