Exceeding PCA in Victoria
Exceeding the Prescribed Concentration of Alcohol is one of the drinking driving charges in Victoria, Australia. When can you be found guilty? Learn about the legislation for this offense and how it is established and defended in Court. Know what to do when charged.
What’s the Highest Penalty for Exceeding PCA at the Sunshine Magistrates’ Court, Victoria? Can the Charge Be Defended?
A finding of guilt could result in up to 18 months of jail time or a fine of 180 penalty units. Sentencing for this charge is primarily based on the alcohol content found after analyzing a sample of blood from the accused, as well as on the number of times the same offense has been committed in the past. It would not be expected that you would get the highest possible penalty unless the offense is viewed by the Court to be an extreme example of this offense.
Defenses that are sometimes used are:
A. Incorrect Facts
B. Wrong Operation of Blood Analyzing Instrument
C. Bad Condition of Blood Analyzing Instrument
Will the Sunshine Magistrates’ Court in Victoria hear an Exceeding PCA case?
A summons for Exceeding PCA is generally handled by a Magistrate in the Magistrates’ Court. The decision as to which Court will have jurisdiction over a case usually reflects how serious the charge is being viewed.
Where to now?
An experienced criminal law specialist is the legal expert who should be advising you in relation to the offense of Exceeding PCA. An accredited specialist will know how to get you the best result and is the best lawyer to have for this drinking driving charge.
How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Exceeding PCA?
Prosecutors establish a charge of Exceeding PCA by proving the occurrence of the following:
A. obtaining of the blood sample from the accused within 3 hours of driving or of being in charge of a motor vehicle;
B. presence of the prescribed concentration of alcohol on the blood sample of the accused;
C. and the result of blood sample analysis not solely due to the consumption of alcohol after the driving or being in charge of a motor vehicle.
Where do you find the law about Exceeding PCA?
Exceeding PCA is based on a legislation that comes from section 49.1.g of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defence Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
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More information about Doogue O'Brien George
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
A finding of guilt could result in up to 18 months of jail time or a fine of 180 penalty units. Sentencing for this charge is primarily based on the alcohol content found after analyzing a sample of blood from the accused, as well as on the number of times the same offense has been committed in the past. It would not be expected that you would get the highest possible penalty unless the offense is viewed by the Court to be an extreme example of this offense.
Defenses that are sometimes used are:
A. Incorrect Facts
B. Wrong Operation of Blood Analyzing Instrument
C. Bad Condition of Blood Analyzing Instrument
Will the Sunshine Magistrates’ Court in Victoria hear an Exceeding PCA case?
A summons for Exceeding PCA is generally handled by a Magistrate in the Magistrates’ Court. The decision as to which Court will have jurisdiction over a case usually reflects how serious the charge is being viewed.
Where to now?
An experienced criminal law specialist is the legal expert who should be advising you in relation to the offense of Exceeding PCA. An accredited specialist will know how to get you the best result and is the best lawyer to have for this drinking driving charge.
How do the Prosecutors at the Sunshine Magistrates’ Court, Victoria establish Exceeding PCA?
Prosecutors establish a charge of Exceeding PCA by proving the occurrence of the following:
A. obtaining of the blood sample from the accused within 3 hours of driving or of being in charge of a motor vehicle;
B. presence of the prescribed concentration of alcohol on the blood sample of the accused;
C. and the result of blood sample analysis not solely due to the consumption of alcohol after the driving or being in charge of a motor vehicle.
Where do you find the law about Exceeding PCA?
Exceeding PCA is based on a legislation that comes from section 49.1.g of the Road Safety Act 1986.
ABOUT THE AUTHOR: Doogue & O'Brien
Doogue & O'Brien Criminal Defence Lawyers is one of Australia's leading law firms of criminal law specialists. With a legal experience of over 15 years, the firm currently has 5 accredited specialists and 6 other lawyers that appear in all Victorian Courts and interstate. It is also among the founding members of Australian Defence Lawyers Alliance, a national alliance of law firms specializing in criminal law and which members are carefully selected based on experience, reputation, ethics, and size.
The firm has offices in Melbourne, Broadmeadows, Heidelberg, Moorabbin and Sunshine.
Copyright Doogue O'Brien George - Google+
More information about Doogue O'Brien George
View all articles published by Doogue O'Brien George
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
