Exceeding PCA

By Doogue + George Criminal Defence Lawyers


 The Maximum Penalty for Exceeding PCA in Melbourne – How Serious is this Charge?

The charge of Exceeding PCA has a maximum penalty of 18 months of imprisonment or a fine of 180 penalty units. Depending on the alcohol content found in the sample blood of the defendant, and depending on whether the offence was committed for the first, second time, or subsequently, the maximum could range from 12 penalty units to the ones cited above. Exceeding PCA is a moderate criminal offence but it can have serious repercussions if committed repeatedly along with high levels of PCA. The Magistrates’ Court handles any summons for this charge.

 

The legislation on Exceeding PCA

Section 49.1.g of the Road Safety Act 1986 is the relevant law for Exceeding PCA and is as follows:

                    

Offences Involving Alcohol or Other Drugs

(1) A person is guilty of an offence if he or she-

...                            

   (g)  has had a sample of blood taken from him or her in accordance with section 55, 55B, 55E or 56 within 3 hours after driving or being in charge of a motor vehicle and-

   (i)  the sample has been analysed within 12 months after it was taken by a properly qualified analyst within the meaning of section 57 and the analyst has found that at the time of analysis the prescribed concentration of alcohol or more than the prescribed concentration of alcohol was present in that sample; and

   (ii) the concentration of alcohol found by the analyst to be present in that sample was not due solely to the consumption of alcohol after driving or being in charge of the motor vehicle; or

...

(other details of section omitted)

 

Pleading guilty or not guilty to Exceeding PCA in a Melbourne Court

Deciding on whether to plead guilty to Exceeding PCA or not is a very serious matter that must be discussed with a criminal defence solicitor. If the Prosecution is able to find you guilty, you will receive penalties that can have tremendous implications.

 

Elements of the charge of Exceeding PCA in a Melbourne Court

Exceeding PCA can be proven in Court if the Prosecution is able to establish that the defendant gave a blood sample within 3 hours of driving or of being in charge of a motor vehicle. The sample must show the presence of the prescribed concentration of alcohol (or more) and that this result was not solely due to the consumption of alcohol after the driving or being in charge of a motor vehicle.

 

Defending the charge of Exceeding PCA in a Melbourne Court

Defences that are often run in relation to this charge are factual disputes and incorrect results of the blood analysis. The latter could have been the result of either a faulty blood analysing instrument or an incorrect operation of the instrument.

 

For more information on Exceeding PCA, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne               

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

www.criminal-lawyers.com.au/Melbourne-criminal-lawyers



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