Exceed PCA s. 49(1)(g)

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

The circumstances of this drink driving charge are, typically, where a person, within 3 hours after driving or being in charge of a motor vehicle, furnishes a sample of blood for analysis and the sample has been analysed within 12 months after it was taken by a properly qualified analyst where 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 the concentration of alcohol found by the analyst to be present in the sample was 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, within 3 hours of driving or being in charge of a motor vehicle, gave a blood sample; that the sample showed that the prescribed concentration of alcohol (or more) was present and that the result of the sample was not due solely to the consumption of alcohol after the driving or being in charge of the motor 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.
 

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

Defending a charge of Exceed PCA s. 49(1)(g) may entail a dispute of the facts that are being alleged, or that the result of the analysis was not correct.

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

The legislation for this offence can be found on section 49(1)(g) 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-

(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;