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Exceed Prescribed Concentration of Drugs (Drug Driving)

The offence of exceeding prescribed concentration of drugs (drug driving) 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 (drug driving) as a first offence; 120 penalty units or a 12 month imprisonment for a second offence depending on the concentration and 180 penalty units or 18 months imprisonment 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.

A licence disqualification will also be imposed for at least 6 months for first offences.

New regulations that came into effect from 31 January 2018 mean that Victorian offenders will face Victorian driving penalties should they be caught interstate.

This charge is generally laid in situations where a person has a blood sample taken within 3 hours of driving or being in charge of a motor vehicle and the sample shows that a prescribed illicit drug was present in any concentration or the presence of alcohol above a prescribed concentration.

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 blood, the analysis of which showed that a prescribed illicit drug was present in any concentration or the presence of alcohol above a prescribed concentration 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 result of the analysis was not correct or the accused did not know and could not reasonably have known that the permissible non-prescription drug or prescription drug would impair driving if consumed as advised by an authorized medical practitioner.

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)(i) of the Road Safety Act 1986.

 

Further information on Exceed prescribed concentration of drugs (drug driving)

Possible Defences

In a case of Exceed prescribed concentration of drugs (drug driving), 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

Penalties

What penalties can be imposed for a charge of Exceed prescribed concentration of drugs (drug driving)?

  • Deferral of Sentencing
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

Legislation

What is the legislation for the charge of Exceed prescribed concentration of drugs (drug driving)?

The legislation for this offence can be found on section 49(1)(I) of Road Safety Act 1986.

Case Studies

Case studies related to the charge of Exceed prescribed concentration of drugs (drug driving):

Media Articles

Further Info

 

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