Withdrawing an Exceed PCA Charge

GavelThis is a case of withdrawing an Exceed PCA charge.

Our client was driving a golf buggie type vehicle on his premises when he injured his shoulder. He was taken to the hospital and a blood test was taken which confirmed that he was over the legal limit. He was later charged with Exceed PCA 49(1)(G).

We represented the client at the St. Arnaud Magistrates’ Court. It was very important for him to retain his licence as he lived in a rural area and worked as a builder.

The issues in this case were:

  • whether the blood sample was lawfully taken
  • whether the client was allowed to drive the buggie on his own premises

It must be noted that the client had consumed alcohol after the accident and before being taken to the hospital. It was also a question on whether the buggie was a motor vehicle and was subject to the Road Safety Act.

We conducted a research on the issues and were able to persuade a prosecutor that the buggie was not a motor vehicle. On this basis, the prosecution agreed to withdraw the Exceed PCA charge and the client did not suffer any restriction on his licence.

 


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 11/12/2017