Evidence in proceedings for an offence under section 74 or 75

(1) The following provision applies with respect to proceedings for an offence under section 74 or section 75. (2) Evidence of the proportion of alcohol or any drug in a specimen of blood or urine provided by the accused shall, in all cases, be taken into account, and it shall be assumed that the proportion of alcohol in the accused’s blood or urine at the time of the alleged offence was not less than in the specimen; but if the proceedings are for an offence under section 75, or for an offence under section 74 in a case where the accused is alleged to have been unfit through alcohol, the assumption shall not be made if the accused proves– (a) that he consumed alcohol after he had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place and before he provided the specimen; and (b) that had he not done so, the proportion of alcohol in his blood or urine would not have exceeded the prescribed limit and, if the proceedings are for an offence under section 74, would not have been such as to impair his ability to drive properly. (3) Evidence of the proportion of alcohol or a drug in a specimen of blood or urine may, subject to sub-section (5) and (6), be given by the production of a document or documents purporting to be a certificate signed by an authorised analyst as to the proportion of alcohol or any drug found in a specimen of blood or urine identified in the certificate. (4) A specimen of blood shall be disregarded unless it was taken from the accused with his consent by a registered medical practitioner; but evidence that a specimen of blood was so taken may be given by the production of a document purporting to 56 certify that fact and to be signed by a registered medical practitioner. (5) Where, at the time a specimen of blood or urine was provided by the accused, he asked to be supplied with such a specimen, evidence of the proportion of alcohol or any other drug found in the specimen is not admissible on behalf of the prosecution unless– (a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided; and (b) the other part was supplied to accused. (6) In this section “authorised analyst” means the government analytical chemist or any other person authorised by the Minister to make analysis for the purposes of this section. drug.