Driving – Drink Driving Offences – VIC

Welcome to the VIC Exceed PCA article page. Everything you need to know about Exceed PCA according to VIC law.

What the Law States according to VIC Law for Exceed PCA

According to VIC Law for the charge of Exceed PCA,

Road Safety Act 1986 – SECT 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;

The Maximum Penalty – Exceed PCA

According to VIC Law for the charge of Exceed PCA,

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 Police must prove according to VIC Law for Exceed PCA

(a) The accused gave a blood sample within 3 hours of driving or being in charge of a motor vehicle.

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

(c) 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 under VIC Law – Exceed PCA

(a) Factual dispute
(b) The result of the analysis was not a correct result.

In VIC which court will hear the matter – Exceed PCA

Magistrates’ Court

Street Names for Exceed PCA

Drink driving, driving under the influence

Notes

Also see – Exceed PCA Melbourne

 

Date: 09/01/2009