Road Traffic Act 2010
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Procedure following provision of breath specimen under section 12 . |
13.— (1) Where, consequent on a requirement under section 12 (1)(a) of him or her, a person provides 2 specimens of his or her 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 4 (4) and 5 (4) and the other specimen shall be disregarded. | ||
(2) Where the apparatus referred to in section 12 (1) determines that in respect of the specimen of breath to be taken into account as aforesaid the person may have contravened section 4 (4) or section 5 (4), he or she shall be supplied immediately by a member of the Garda Síochána with 2 identical statements, automatically produced by that apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in that specimen determined by that apparatus. | ||
(3) On receipt of those statements, the person shall on being requested so to do by the member— | ||
(a) immediately acknowledge such receipt by placing his or her 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) commits an offence and is liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 3 months or to both. | ||
(5) Section 20 (1) applies 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. |