The offence of exceeding prescribed concentration of drugs is heard in the Magistrates Court.
There is a maximum penalty of 12 penalty units for anyone found guilty of exceeding prescribed concentration of drugs as a first offence; 60 penalty units for a second offence and 120 penalty units for a subsequent offence. A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.
This charge is generally laid in situations where a person drives or is in control of a motor vehicle and within 3 hours of that driving or being in control of the vehicle the person provides a sample of oral fluid which presents a prescribed illicit drug once it is analysed.
In essence to prove this charge the Police must show that the accused drove or was in control of a motor vehicle, that the accused within 3 hours of that driving or being in control provided a sample of oral fluid, the analysis of which showed that a prescribed illicit drug was present. The presence of the drug was not due solely to the consumption or use of a drug after the driving or being in charge of the motor vehicle.
Defences to this can be a factual dispute, the devise used to detect the drug was not used in proper working order or not properly operated or the result of the analysis was not correct.
You should ring us and discuss your case if you have been charged.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
This is legislation that comes from section 49(1)(h) of the Road Safety Act 1986.
Further information on Exceed prescribed concentration of drugs
In a case of Exceed prescribed concentration of drugs, the following defences may be applicable to the charge:
- Factual Dispute and Concept of Beyond Reasonable Doubt
- Faulty equipment/contamination
- Procedural non-compliance (blood sample not taken in compliance with statutory procedure)
- Charges are Statute Barred
What penalties can be imposed for a charge of Exceed prescribed concentration of drugs?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Exceed prescribed concentration of drugs?
The legislation for this offence can be found on section 49 of Road Safety Act 1986.
Case studies related to the charge of Exceed prescribed concentration of drugs:
Media articles related to the charge of Exceed Prescribed Concentration of Drugs:
- WA drug drivers could go free because of unreliable test kits
- Territory police start roadside drug testing on Stuart Highway, Coolalinga
- Legal nightmare for man as drug driving test returns positive for drug he’s never used
- Alarming number of motorists caught drink, drug driving on Victoria’s Grand Final long weekend
Links to further information about the charge of Exceed prescribed concentration of drugs:
Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Exceed Prescribed Concentration of Drugs, Shaun Pascoe.