Have you been Charged with Refusing to Comply with Directions to Provide Additional Samples for Analysis?
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Driving While Impaired by a Drug
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Exceeding the Prescribed Concentration of Drugs Present in the Body
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Driving Over the Concentration of Drug and Alcohol Limit
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Refusing to Undergo an Assessment for Drug Impairment
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Refusing to Comply With Directions to Provide Additional Samples for Analysis
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Refusing to Undergo an Oral Fluid Test
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Exceeding the Prescribed Concentration of an Illicit Drug (Blood Analysis) within 3 Hours of Driving or being in Charge of a Motor Vehicle
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Expca (Blood Analysis) of Alcohol and Drugs Within 3 Hours of Driving of Being in Charge of a Motor Vehicle
What does it mean to be charged with refusing to comply with directions to provide additional samples for analysis?
This charge relates to refusing to provide a sample of oral fluid (saliva) when requested by the police under sections 55D or 55E of the Road Safety Act (“RSA”). If a person refuses to comply with the requirement to give a sample, they are committing an offence under section 49(1)(ea).
Even if certain conditions are not met—like the required testing device not being present, or an authorised officer or medical practitioner not being available at the location—the refusal to provide the sample is still considered an offence. The law clarifies that these circumstances cannot be used as a valid excuse for refusing to provide a sample.
What the Prosecution Must Prove?
The prosecution must that:
- You were driving or in charge of a motor vehicle; and
- You refused to comply with a requirement made in accordance with sections 55B(1) or 55BA(2) of the Road Safety Act 1986 to provide blood or urine for analysis.
Penalties for refusing to comply with directions to provide additional samples for analysis:
Penalties for this offence vary based on the number of prior offences:
- A first offence can result in a fine of up to 12 penalty units.
- A second offence can result in a fine of up to 60 penalty units.
- Further offences can lead to fines of up to 120 penalty units.
Further, you will also have your licence disqualified for a minimum of 2-4 years.
Where will my case be heard?
Driving Offences Involving Alcohol or other Drugs: Refusing to Comply with a Requirement Made Under Section 55B(1) and 55BA(2) cases will be heard will be heard in the Magistrates Court.
Factors and defences to consider:
- Were you driving or in charge of a vehicle and stopped by police?
- Did you refuse to follow directions when instructed by police?
- Did you understand/comprehend what police were asking of you?
- Were you impaired in anyway when stopped by police?
- Do you have any previous convictions of a similar nature?
- What were the surrounding circumstances of the offence?
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What happens next?
If you have been charged with refusing to comply with directions to provide additional samples for analysis, it’s crucial to act quickly and effectively to protect your legal rights and ensure the best possible outcome.
Now is the time to make sure that you have a lawyer who can give you sound advice, help you prepare your evidence, and discuss the key issues to be addressed in your matter. Preparation is essential to the success of any case, especially if your driver’s licence is important to your livelihood and daily life.
Importance of Legal Representation
Facing court without legal representation can put your rights at risk. A lawyer will not only help you understand the charges but also navigate the court process and build a strong case on your behalf. In cases where your licence is on the line, having professional guidance is especially important.
For example, under section 50AA of the Road Safety Act (RSA), if you have a conviction for a driving offence more than 10 years ago, it will not be counted as a prior offence for the purposes of disqualification. However, the Magistrate still has the discretion to disqualify you from driving for longer than the mandatory two-year minimum, even if there’s more than 10 years between offences.
Immediate Licence Suspension
If you’ve been charged with immediate licence suspension, the police may have already suspended your licence under section 85A. This suspension prevents you from driving until your case is determined in court. However, this suspension can be appealed, and a lawyer can assist you in making this application while awaiting your court date.
MK Law today on 1800 130 120 to ensure you have the right legal support. We will guide you through the legal process, help you prepare your defence, and ensure that your rights are protected every step of the way. Our experienced team understands how vital your licence is, and we will work with you to achieve the best outcome possible.
Contact us now to get the legal advice and representation you need.
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- 1800 130 120
- marcus@mklawfirm.com.au