Driving Offences Involving Alcohol or Drugs under Section 49(1)(g)
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Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
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Refusing to Undergo a Preliminary Breath Test
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Refuse or Fail to Comply with a Request or Signal to Stop
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Refusing to Comply With Directions Made by Police Regarding
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Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
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Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
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Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
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Consume Intoxicating Liquor While Driving
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Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
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Breach of Alcohol Interlock Condition
What Does It Mean to Be Charged With an offence of driving a motor vehicle with a blood sample indicating a prescribed concentration of alcohol?
Being charged under Section 49(1)(g) of the Road Safety Act means that you have allegedly driven or been in charge of a motor vehicle with a blood sample indicating a prescribed concentration of alcohol.
The offence typically involves a blood sample taken within three hours of driving and analysed by a qualified professional within 12 months. The analysis must confirm that the alcohol concentration exceeded the legal limit at the time of driving and was not solely due to post-driving consumption.
What Must the Prosecution Prove?
To secure a conviction, the prosecution must establish beyond reasonable doubt:
- Driving or Being in Charge of a Vehicle:
- The accused was either driving or had control of the vehicle within the timeframe specified (three hours before the blood sample was taken).
2. Legal Blood Sample Taken:
- The blood sample was obtained in accordance with Sections 55, 55B, 55BA, 55E, or 56 of the Act.
3. Exceeding Prescribed BAC Limit:
- The analysis of the blood sample revealed a BAC at or above the legal limit at the time of testing.
4. Consumption Timing:
- The alcohol detected was not solely due to consumption after driving or being in charge of the vehicle.
Failure to prove any of these elements may result in the charges being dismissed.
What Are the Penalties for This Offence?
The penalties for an offence under Section 49 vary depending on the number of prior offences and the alcohol concentration:
- First Offence:
- Fine of up to 20 penalty units.
2. Second Offence:
- Alcohol concentration below 0.15 grams:
- Fine of up to 60 penalty units or imprisonment for up to 6 months.
- Alcohol concentration 0.15 grams or higher:
- Fine of up to 120 penalty units or imprisonment for up to 12 months.
- Alcohol concentration below 0.15 grams:
3. Subsequent Offences:
- Alcohol concentration below 0.15 grams:
- Fine of up to 120 penalty units or imprisonment for up to 12 months.
- Alcohol concentration 0.15 grams or higher:
- Fine of up to 180 penalty units or imprisonment for up to 18 months.
- Alcohol concentration below 0.15 grams:
Where Will My Case Be Heard?
Most cases under Section 49 are heard in the Magistrates’ Court. However, if the offence involves aggravating factors or repeat offences, the matter may be referred to a higher court.
What Defences Are Available for This Offence?
Defences to charges under Section 49(1)(g) may include:
- Incorrect Analysis:
- Proving that the analysis result was incorrect, possibly due to errors in sample handling or testing procedures.
2. Consumption After Driving:
- Demonstrating that the alcohol concentration was solely due to alcohol consumed after driving and before the blood sample was taken.
3. Procedural Defences:
- Challenging whether the sample was taken, handled, or analysed in accordance with the law.
4. Evidentiary Defences:
- Contesting the admissibility of the evidence under specific circumstances.
What should you do if you are charged with this offence?
If charged under Section 49(1)(g):
- Seek immediate legal advice from a criminal or traffic law expert. Prompt advice is crucial to building a strong defence. A lawyer at MK Law will tailor a defence specific to your circumstances.
- Gather any evidence or documentation that could support your case, such as witness statements or proof of post-driving alcohol consumption.
- Ensure you understand the potential penalties and court process to prepare adequately for your hearing.
The Importance of Legal Representation:
Having a legal professional represent you can significantly influence the outcome of your case. A lawyer can identify errors in the prosecution’s case, negotiate for reduced penalties, or even argue for dismissal of charges in specific situations.
Conclusion Section 49 offences involving alcohol or drugs are taken seriously and carry significant penalties. If you have been charged, it is vital to act quickly, seek expert advice, and prepare thoroughly for court. Legal support can make a critical difference in managing the consequences of such charges.
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Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
-
Refusing to Undergo a Preliminary Breath Test
-
Refuse or Fail to Comply with a Request or Signal to Stop
-
Refusing to Comply With Directions Made by Police Regarding
-
Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
-
Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
-
Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
-
Consume Intoxicating Liquor While Driving
-
Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
-
Breach of Alcohol Interlock Condition
Contact a lawyer at MK Law
If you have been charged with an offence under s49(1)(g) or suspect an investigation involving your activities, our team of expert criminal lawyers is available 24/7 for a consultation at 1800 130 120 or via email at marcus@mklawfirm.com.au.
We specialise in:
- Analysing the evidence and identifying inconsistencies.
- Negotiating with authorities to reduce or dismiss charges.
- Preparing strong defences to achieve the best possible outcomes.
- Advising on plea agreements to minimise penalties.
Engage with us early to ensure your rights are protected throughout the legal process.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au