The offence of refusing to provide a further sample is the sort of charge regularly heard in the Magistrates’ Court.
The maximum penalties stated above are applicable for third or subsequent offences. If the offending is committed for the first time, a maximum penalty of 12 penalty units may be imposed. If committed for the second time, an accused may be sentenced to a fine of 120 penalty units or 12 months imprisonment.
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 refuses to provide a further breath test sample.
In essence, to prove this charge, the Police must show that the accused refused to provide a further breath test sample.
A possible defence to this could be a factual dispute.
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)(e) of the Road Safety Act 1986.
Further information on Refuse to provide further sample (drink driving)
In a case of Refuse to provide further sample (drink driving), the following defences may be applicable to the charge:
- Charges are Statute Barred
- Sudden or Extraordinary Emergency
- Factual Dispute and Concept of Beyond Reasonable Doubt
What penalties can be imposed for a charge of Refuse to provide further sample (drink driving)?
- 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 Refuse to provide further sample (drink driving)?
The legislation for this offence can be found on section 49(1)(E) of Road Safety Act 1986.
Case studies related to the charge of Refuse to provide further sample (drink driving):
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Need further legal advice on this charge?
Contact one of our lawyers specialising in cases of Refuse to Provide Further Sample – Drink Driving.