ROAD TRAFFIC ACT 1961 - SECT 47GB

ROAD TRAFFIC ACT 1961 - SECT 47GB

47GB—Oral fluid analysis or blood test where consumption of prescribed drug occurs after driving

        (1)         This section applies to proceedings for an offence against section 47(1), 47(1a), 47BA(1) or 47BA(1a) in which the results of an oral fluid analysis or blood test under section 47EAA are relied on to establish the commission of the offence.

        (2)         If in proceedings to which this section applies the defendant satisfies the court—

            (a)         that the defendant consumed the prescribed drug during the relevant period; and

            (b)         that the prescribed drug was not consumed by the defendant after a police officer first exercised powers under section 47E preliminary to the performance of the alcotest or breath analysis referred to in section 47EAA; and

            (c)         where the requirement to submit to the alcotest or breath analysis referred to in section 47EAA was made after the defendant's involvement as a driver in an accident—that the defendant discharged the duties required under section 43 and any other duties under this Act required to be discharged at the scene of an accident by a driver of a vehicle involved in the accident,

the court may, despite the other provisions of this Act, find the defendant not guilty of the offence charged.

        (3)         In subsection (2)—

"relevant period" means the period—

            (a)         commencing when 3 hours have elapsed since the conduct of the defendant giving rise to the making of the requirement referred to in section 47EAA that the defendant submit to the alcotest or breath analysis; and

            (b)         ending when the performance of the oral fluid analysis or blood test (as the case may be) commences.