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Refuse Drug Test – Drug Driving

Driving – Drink Driving Offences – VIC

Welcome to the VIC Refuse drug test – drug driving article page. Everything you need to know about Refuse drug test – drug driving according to VIC law.

What the Law States according to VIC Law for Refuse drug test – drug driving

According to VIC Law for the charge of Refuse drug test – drug driving,

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-
(ca) refuses to undergo an assessment of drug impairment in accordance with section 55A when required under that section to do so or refuses to comply with any other requirement made under section 55A(1);

The Maximum Penalty – Refuse drug test – drug driving

According to VIC Law for the charge of Refuse drug test – drug driving,

First offence: 12 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units

What the Police must prove according to VIC Law for Refuse drug test – drug driving

(a) The accused refused to undergo an assessment of drug impairment when required to do so.
(b) The person refused to comply with any other requirement mad under section 55A(1).

Possible Defences under VIC Law – Refuse drug test – drug driving

(a) Factual dispute
(b) When the person was asked to undergo an assessment of drug impairment, more than 3 hours had passed since the person last drove, was an occupant of or was in charge of a motor vehicle.

In VIC which court will hear the matter – Refuse drug test – drug driving

Magistrates’ Court

Notes

Also see – Refuse drug test – drug driving

 

Date: 09/01/2009

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