Driving – Drink Driving Offences – VIC

Welcome to the VIC Exceed prescribed concentration of drugs article page. Everything you need to know about Exceed prescribed concentration of drugs according to VIC law.

What the Law States according to VIC Law for Exceed prescribed concentration of drugs

According to VIC Law for the charge of Exceed prescribed concentration of drugs,

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;

The Maximum Penalty – Exceed prescribed concentration of drugs

According to VIC Law for the charge of Exceed prescribed concentration of drugs,

First offence: 12 penalty units
Second offence: 60 penalty units
Subsequent offence: 120 penalty units.

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 prescribed concentration of drugs

(a) The accused was driving or was in charge of the motor vehicle.
(b) Within 3 hours of that driving or being in charge of the motor vehicle, the accused provided a sample of oral fluid.
(c) The analysis of the sample showed that that a prescribebd illicit drug was present.
(d) Such presence was not due solely to the consumption or use of a drug after the driving or being in charge of the motor vehicle.

Possible Defences under VIC Law – Exceed prescribed concentration of drugs

(a) Factual dispute.
(b) The devise used to detect the drug was not working properly or was not operated properly.
(c) The result of the analysis was not a correct result.

In VIC which court will hear the matter – Exceed prescribed concentration of drugs

Magistrates’ Court

Street Names

Drug driving, driving under influence of drugs

Notes

Also see – Exceed prescribed concentration of drugs

 

Date: 09/01/2009