Mr Gerner, who owns Morgan’s restaurant and bar in Sorrento, is expected to be charged on summons with a range of traffic and drink driving offences.
He declined to comment when contacted by The Age.
In October, Mr Gerner launched a challenge against the Andrews government’s COVID-19 lockdown, claiming the restrictions on his business and movement were unconstitutional.
Mr Gerner’s barrister, Bret Walker, SC, had argued that the Constitution gave Australians freedom of movement, which the lockdown measures had impinged upon.
In a statement provided to The Age at the time, Mr Gerner said: “I am the Plaintiff and reside on the Mornington Peninsula where I own a restaurant and bar located in Sorrento.
“I will be represented by Bret Walker SC and Michael Wyles QC who will argue that the Victorian Government has engaged in an unnecessary lockdown of the state and the economy, denying our basic freedoms as Australian citizens under our Federal Constitution, including our right to freedom of movement.”
But the challenge, which was financed by billionaire businessman and horse racing identity Jonathan Munz, was dismissed in the High Court in November.
Mr Gerner released a statement after the court’s ruling, saying that Australia should establish a Bill of Rights, similar to the United States, to enshrine basic rights and freedoms.
He unsuccessfully called on the federal government to intervene in Victoria to remove the restrictions.