ROAD TRAFFIC ACT 1974 - SECT 71
ROAD TRAFFIC ACT 1974 - SECT 71
71 . Evidence of blood alcohol content for particular offences
(1) In any proceeding
for an offence against section 62B the instructor is, in the absence of proof
to the contrary, taken to have a particular blood alcohol content at the time
of the driving instruction if it is proved that the instructor had the blood
alcohol content —
(a) in
the case where the sample was taken under section 66(8B), at any time within
12 hours after the time that the instructor was providing the instruction; or
(b) in
any other case, at any time within 4 hours after the time that the instructor
was providing the instruction.
(2) In any proceeding
for an offence against section 63, 64, 64AA, 64A, 64AAA, 64B, 64C, 67AC or
67AD the person charged is, in the absence of proof to the contrary, taken to
have a particular blood alcohol content at the time of the driving or
attempted driving if it is proved that the person had the blood alcohol
content —
(a) in
the case where the sample was taken under section 66(8B), at any time within
12 hours after the driving or attempted driving; or
(b) in
any other case, at any time within 4 hours after the driving or attempted
driving.
[Section 71 inserted: No. 20 of 2019 s. 4;
amended: No. 27 of 2020 s. 30.]