Area of Law – Driving – Drink Driving Offences

An Article about Drink driving and service of summons, failure to comply with statutory requirements

Platz v Barmby [2002] VSC 531, concerned an appeal on a question of law from the Magistrates Court. The Magistrate had heard a case ex parte in circumstances where the blood alcohol content certificate evidencing the defendant’s blood alcohol reading was not served on the defendant. Section 57 of the Road Safety Act deals with the evidentiary matters relating to the tender of bac certificates for a prosecuton of a drink driving offence. In the absence of evidence to the contrary the tender of a bac certificate is prima facie evidence of the facts contained therein. The Court held that as it could not be established that the defendant was served with a copy of the bac certificate, te Magistrate had ered in hearing the case ex parte.


Date: 01/09/2009