Driving – Drink Driving Offences – VIC

Welcome to the VIC Refuse to provide further sample – drink driving article page. Everything you need to know about Refuse to provide further sample – drink driving according to VIC law.

What the Law States according to VIC Law for Refuse to provide further sample – drink driving

According to VIC Law for the charge of Refuse to provide further sample – drink 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-

(e) refuses to comply with a requirement made under section 55(1), (2), (2AA), (2A) or (9A);

The Maximum Penalty – Refuse to provide further sample – drink driving

According to VIC Law for the charge of Refuse to provide further sample – drink 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 to provide further sample – drink driving

(a) The accused refused to provide a further breath test sample.

Possible Defences under VIC Law – Refuse to provide further sample – drink driving

(a) Factual dispute

In VIC which court will hear the matter – Refuse to provide further sample – drink driving

Magistrates’ Court

Notes

Also see – Refuse to provide further sample – drink driving

 

Date: 09/01/2009