Road Traffic Act 2010
Defence to refusal to permit taking of specimen of blood or to provide 2 specimens of breath.
22.— (1) In a prosecution of a person for an offence under section 12 for refusing or failing to comply with a requirement to provide 2 specimens of his or her breath, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the taking of a specimen of blood or the provision of a specimen of urine.
(2) In a prosecution of a person for an offence under section 12 or 14 for refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the section concerned in relation to the provision of a specimen of urine.
(3) Notwithstanding subsections (1) and (2), evidence may be given at the hearing of a charge of an offence under section 4 or 5 that the defendant refused or failed to comply with a requirement to provide 2 specimens of his or her breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his or her blood or to comply with a requirement of a designated doctor F59[or designated nurse] in relation to the taking of a specimen of blood, as the case may be.
(4) In a prosecution for an offence under section 11(4) for refusing or failing to perform a test, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the provision concerned in relation to the performance of a test.
F60[(4A) In a prosecution of a person for an offence under section 13B for refusing or failing to comply with a requirement to permit a designated doctor or designated nurse to take a specimen of blood or for refusing or failing to comply with a requirement of a designated doctor or designated nurse in relation to the taking of a specimen of blood, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure.]
(5) Notwithstanding subsection (4), evidence may be given at the hearing of a charge of an offence under section 4, 5 or 6 of the Road Traffic Act 2010 that the defendant failed to comply with a requirement to perform a test.
Annotations
Amendments:
F59
Inserted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 48(a), S.I. No. 105 of 2013.
F60
Inserted (13.04.2017) by Road Traffic Act 2016 (21/2016), s. 19, S.I. No. 129 of 2017.
F61
Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 13(i)(i), not commenced as of date of revision.
F62
Substituted (31.05.2024) by Road Traffic Act 2024 (10/2024), s. 14, S.I. No. 251 of 2024.
F63
Substituted by Road Traffic and Roads Act 2023 (16/2023), s. 13(i)(ii), (iii) not commenced as of date of revision.
Modifications (not altering text):
C14
Prospective affecting provision: subss. (1A), (1B) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 13(i)(i), not commenced as of date of revision.
F61[(1A) In a prosecution of a person for an offence under section 9(3) for failure to comply with a requirement under F62[subsection (2) or (2A) or (2C)] of section 9, it shall be a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure.
(1B) In a prosecution of a person for an offence under section 10(6)(a) it shall be a defence for the person to satisfy the court that there was a special and substantial reason for his or her refusal or failure.]
C15
Prospective affecting provision: subs. (3) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(i)(ii), not commenced as of date of revision.
(3) F63[Notwithstanding subsections (1), (1A), (1B) and (2),] evidence may be given at the hearing of a charge of an offence under section 4 or 5 that the defendant refused or failed to comply with a requirement to provide 2 specimens of his or her breath, or that the defendant refused or failed to comply with a requirement to permit the taking of a specimen of his or her blood or to comply with a requirement of a designated doctor F59[or designated nurse] in relation to the taking of a specimen of blood, as the case may be.
C16
Prospective affecting provision: subs. (4) amended by Road Traffic and Roads Act 2023 (16/2023), s. 13(i)(iii), not commenced as of date of revision.
(4) In a prosecution for an offence under F63[section 11(5)] for refusing or failing to perform a test, it is a defence for the defendant to satisfy the court that there was a special and substantial reason for his or her refusal or failure and that, as soon as practicable after the refusal or failure concerned, he or she complied (or offered, but was not called upon, to comply) with a requirement under the provision concerned in relation to the performance of a test.