Drink Driving Exceed PCA in Melbourne – How Serious is it and What’s
the Maximum Penalty?
There is a maximum penalty of 18 months imprisonment or 180 penalty units for anyone found guilty of a Drink Driving Exceed PCA charge. The penalties vary depending on the situations cited in the legislation for this charge. It is a charge that can be filed against a person in a variety of situations. Cases of this offence are summarily heard in the Magistrates' Court.
The legislation on Drink Driving Exceed PCA
Section 49(1)(b) of the Road Safety Act 1986 is the relevant law for Drink Driving Exceed PCA and is as follows:
Offences Involving Alcohol or Other Drugs (section 49.1.b)
(1) A person is guilty of an offence if he or she-
(b) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of alcohol or more than the prescribed concentration of alcohol is present in his or her blood or breath; or
(ba) drives a motor vehicle or is in charge of a motor vehicle while impaired by a drug; or
(bb) drives a motor vehicle or is in charge of a motor vehicle while the prescribed concentration of drugs or more than the prescribed concentration of drugs is present in his or her blood or oral fluid;
(other details of section not included / omitted)
Pleading guilty or not guilty to Drink Driving Exceed PCA in a Melbourne Court
Deciding whether to plead guilty or not guilty to Drink Driving Exceed PCA has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.
Elements of the charge of Drink Driving Exceed PCA in a Melbourne Court
The Prosecution must show that the defendant was driving or was in charge of a motor vehicle. The prescribed concentration of alcohol, or more of what is prescribed, was then found in the blood or breath of the defendant.
Defending the charge of Drink Driving Exceed PCA in a Melbourne Court
Defences that are often run in relation to this charge involve a factual dispute and a possible error on how the breath analysing instrument was used. It could be that the instrument was not properly working or it was operated incorrectly. This defence is laid out on the legislation for this charge in subsection 4.
For more information on Drink Driving Exceed PCA, you may visit Doogue O’Brien George Melbourne Criminal Lawyers site (here).
Doogue O’Brien George Melbourne can provide you more detail about this
Our Melbourne CBD Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sep.9, 2013 and relates to the law that stands at this time.