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Refuse to provide further sample - drink driving
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Refuse to provide further sample - drink driving
Refuse to provide further sample - drink driving
Written by
Paul McClure
Criminal Defence Lawyer
What the Law states - 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);
Maximum Penalty in Victoria
First offence: 12 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units
What the Prosecution must prove - Refuse to provide further sample - drink driving - Vic
(a) The accused refused to provide a further breath test sample.
Possible Defences - Refuse to provide further sample - drink driving
(a) Factual dispute.
Which court will hear the charge of Refuse to provide further sample - drink driving
Magistrates' Court.
