Refusing to Provide Further Sample - Drink Driving

by Doogue O'Brien George Criminal Defence Lawyers

The Maximum Penalty for Refusing to Provide Further Sample - Drink Driving in Melbourne – How Serous is This Charge?

Courts may impose a maximum penalty of 18 months imprisonment or a fine of 180 penalty units for the charge of Refusing to Provide Further Sample - Drink Driving. There is a possibility of receiving this sentence only if the offence is committed by the defendant for the third time or more and maximum penalties are typically reserved only for the worst examples of a charge. Refusing to Provide Further Sample - Drink Driving is considered a moderate offence. Accordingly, jurisdiction for cases involving this charge is primarily given to the Magistrates’ Court.

 

The legislation on Refusing to Provide Further Sample - Drink Driving

Section 49.1.e of the Road Safety Act 1986 is the relevant legislative provision for Refusing to Provide Further Sample - Drink Driving. It states:

                                                           

Offences Involving Alcohol or Other Drugs

 

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

...

   (e)  refuses to comply with a requirement made under section 55(1), (2), (2AA), (2A) or (9A); or

 

(ea) refuses to comply with a requirement made under section 55B(1); or

 

(eb) refuses to provide a sample of oral fluid in accordance with section 55D or 55E when required under that section to do so or refuses to comply with any other requirement made under that section; or

...

(other details of section omitted / not included)

 

Pleading guilty or not guilty to Refusing to Provide Further Sample - Drink Driving in a Melbourne Court

Deciding whether you should plead guilty or not to the charge of Refusing to Provide Further Sample - Drink Driving is best discussed with a criminal defence solicitor. As every case has different circumstances, it is best that you have a qualified legal professional to look into your particular situation.

 

Elements of the charge of Refusing to Provide Further Sample - Drink Driving in a Melbourne Court

The prosecution must show to the Court that the defendant refused to provide a further breath test sample when required to do so.

 

Defending the charge of Refusing to Provide Further Sample - Drink Driving in a Melbourne Court

Defences that are often run in relation to this charge revolve around a factual dispute.

 

For more information on Refusing to Provide Further Sample - Drink Driving, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here). Further information can also be found at the Melbourne Drink Driving Lawyers site (click here).

 

Doogue O’Brien George 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)             

 

This article was written on Sept. 18, 2013 and relates to the law as it stands at this time.



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