Law Books
Adverts from Google:
|
Home |
lawindexpro |
law-bytes |
law-index |
statutes |
Law Books |
Discuss Law |
lip-cases |
Contact Us
|
|
|||
Road Traffic Offenders Act 1988 (-)
Search lawindexpro for case law on this statute.
This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.
15.-(1) This section and section 16 of this Act apply in respect of proceedings for an offence under section 3A, 4 or 5 of the Road Traffic Act 1988 (driving offences connected with drink or drugs); . . . . . .
2) Evidence of the proportion of alcohol or any drug in any specimen of breath, blood or urine provided by the accused shall, in all cases (including cases where the specimen was not provided in connection with the alleged offence) be taken into account and, subject to subsection (3) below, it shall be assumed that the proportion of alcohol in the accused's breath, blood or urine at the time of the alleged offence was not less than in the specimen.
(3). That assumption shall not be made if the accused proves
(a) that he consumed alcohol before he provided the specimen and
(i) in relation to an offence under section 3A, after the time of the alleged offence, and
(ii). otherwise, after he had ceased to drive, attempt to drive or be in charge of vehicle on a road or other public place, and
(b) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.
