Exceed prescribed concentration of drugs

What the Law states - Exceed prescribed concentration of drugs

Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-
(h) within 3 hours after driving or being in charge of a motor vehicle provides a sample of oral fluid in accordance with section 55E and-

(i) the sample has been analysed by a properly qualified analyst within the meaning of section 57B and the analyst has found that at the time of analysis a prescribed illicit drug was present in that sample in any concentration; and

(ii) the presence of the drug in that sample was not due solely to the consumption or use of that drug after driving or being in charge of the motor vehicle;

Maximum Penalty for the charge of Exceed prescribed concentration of drugs

First offence: 12 penalty units

Second offence: 60 penalty units

Subsequent offence: 120 penalty units.

Note: A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.

What the Prosecution must prove - Exceed prescribed concentration of drugs

1. The person was driving or was in charge of the motor vehicle.

2. Within 3 hours of that driving or being in charge of the motor vehicle, the person provided a sample of oral fluid.

3. The analysis of the sample showed that that a prescribebd illicit drug was present.

4. Such presence was not due solely to the consumption or use of a drug after the driving or being in charge of the motor vehicle.

Possible Defences - Exceed prescribed concentration of drugs

1. Factual dispute.

2. The devise used to detect the drug was not working properly or was not operated properly

Which court will hear the charge of Exceed prescribed concentration of drugs

Magistrates' Court.