Exceed Prescribed Concentration of Drugs

The charge of exceeding prescribed concentration of drugs is an offence frequently heard in the Magistrates Court.

The circumstances where this charge would be laid is where a person drives or is in control of a motor vehicle and within 3 hours of that driving or being in control of the vehicle, the person provides a sample of oral fluid which presents a prescribed illicit drug once it is analysed.

Essentially, to prove this charge the Police must establish that the accused drove or was in control of a motor vehicle, that the accused provided a sample of oral fluid within 3 hours of that driving or being in control, the analysis of which showed that a prescribed illicit drug was present. The presence of the drug was not due solely to the consumption or use of a drug 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 drug 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 Prescribed Concentration of Drugs, you should call us to discuss your case and your options.

Defending a charge of Exceed Prescribed Concentration of Drugs may entail a dispute of the facts that are being alleged, the device used to detect the drug was not used in proper working order or not properly operated or 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)(h) 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-

(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;