Belial,

Good points. I followed Sharni’s link, and the story leaves the licit/illicit issue ambiguous. I suspect (especially after Sarni’s subsequent expansion), that if someone tested out with a BAC greater than that allowed in Victoria State, a traffic citation would be issued for that also. In re the presence of an illicit drug: here in the States, the presence of a controlled substance (illicit drug) in the blood or urine is often admissible as evidence of possession – which is illegal.

One item which did catch my eye was the increase in probability of a more severe penalty in the case of a failed appeal. Assuming that it is all on the up and up (and I do make such an assumption), there is no necessary reason to incorporate the disincentive for the motorist to contest the issue in court. You’ll note that there is no corresponding sanction on the state should the appeal be successful.

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Eudaimonia