Exceed PCA s. 49(1)(f)

The charge Exceed PCA s. 49(1)(f) is an offence frequently heard in the Magistrates Court.

The circumstances of a charge of Exceed PCA s. 49(1)(f) are, generally, where a person furnishes a sample of breath for analysis by a breath analyzing instrument under section 55, within 3 hours after driving or being in charge of a motor vehicle and the result of the analysis shows that the prescribed concentration of alcohol or more is present in their breath and the concentration of alcohol indicated by the analysis is not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle.

In essence, to prove this charge the Police must establish that the accused drove or was in charge of a motor vehicle and that the accused gave a sample of breath within 3 hours of driving or being in charge of the motor vehicle. The result showed that the accused had the prescribed concentration of alcohol or more present in the accused’s breath and the result was not due solely to the consumption of alcohol after the driving or being in control of the vehicle.

Deciding on whether to plead guilty or not guilty is an important decision. An experienced drink driving lawyer can advise you on how to get the best result and minimise the impact on your life, based on your individual circumstances.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

If you have been charged with Exceed PCA s. 49(1)(f), you should call us to discuss your case and your options.

Defences to this charge may entail a dispute of the facts that are being alleged, or not being able to prove the allegations beyond reasonable doubt, a faulty breathalyzer or procedural non-compliance (i.e. the breath test was taken outside 3 hours).

New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.

This is legislation that comes from section 49(1)(f) of the Road Safety Act 1986 as follows:

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-

(f) within 3 hours after driving or being in charge of a motor vehicle furnishes a sample of breath for analysis by a breath analysinginstrument under section 55 and-

(i) the result of the analysis as recorded or shown by the breath analysing instrument indicates that the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her breath; and

(ii) the concentration of alcohol indicated by the analysis to be present in his or her breath was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle;