Road Traffic Act, 1994
|
Procedure following provision of breath specimen under section 13 . |
17.—(1) Where, consequent on a requirement under section 13 (1)(a) of him, a person provides 2 specimens of his breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen— | |
(a) in case the apparatus determines that each specimen has the same concentration of alcohol, either specimen, and | ||
(b) in case the apparatus determines that each specimen has a different concentration of alcohol, the specimen with the lower concentration of alcohol, | ||
shall be taken into account for the purposes of sections 49 (4) and 50 (4) of the Principal Act and the other specimen shall be disregarded. | ||
(2) Where the apparatus referred to in section 13 (1) determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 49 (4) or 50 (4) of the Principal Act, he shall be supplied forthwith by a member of the Garda Síochána with 2 identical statements, automatically produced by the said apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in the said specimen determined by the said apparatus. | ||
(3) On receipt of the statements aforesaid, the person shall on being requested so to do by the member aforesaid— | ||
(a) forthwith acknowledge such receipt by placing his signature on each statement, and | ||
(b) thereupon return either of the statements to the member. | ||
(4) A person who refuses or fails to comply with subsection (3) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both. | ||
(5) Section 21 (1) shall apply to a statement under this section as respects which there has been a failure to comply with subsection (3) (a) as it applies to a duly completed statement under this section. |