Exceed PCA Melbourne

What the Law states - Exceed PCA Melbourne

Road Safety Act 1986 - SECT 49

(g)  has had a sample of blood taken from him or her in accordance with section 55, 55B, 55E or 56 within 3 hours after driving or being in charge of a motor vehicle and-

(i)  the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 57 and the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and

(ii) the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle;

Maximum Penalty for the charge of Exceed PCA Melbourne

First offence: 12 penalty units

Second offence:

6 months / 60 penalty units (if the concentration of alcohol in the person's blood was less than 0×15 grams per 100 millilitres of blood; or in the person's breath was less than 0×15 grams per 210 litres of exhaled air as the case requires).

12 months / 120 penalty units (if the concentration of alcohol in the person's blood was 0×15 grams or more per 100 millilitres of blood; or in the person's breath was 0×15 grams or more per 210 litres of exhaled air as the case requires).

Subsequent offence:

12 months / 120 penalty units (if the concentration of alcohol in the person's blood was less than 0×15 grams per 100 millilitres of blood; or in the person's breath was less than 0×15 grams per 210 litres of exhaled air as the case requires).

18 months / 180 penalty units (if the concentration of alcohol in the person's blood was 0×15 grams or more per 100 millilitres of blood; or in the person's breath was 0×15 grams or more per 210 litres of exhaled air as the case requires).

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 PCA Melbourne

1. The person gave a blood sample within 3 hours of driving or being in charge of a motor vehicle.

2. The sample showed that the prescribed concerntration of alcohol (or more) was present.

3. That the result of the sample was not due solely to the consumption of alcohool after the driving or being in charge of the motor vehicle.

Possible Defences - Exceed PCA Melbourne

1. Factual dispute.

2. The result of the analysis was not a correct result.