23Statutory presumptions with respect to breath analyses and blood tests, &c.

23 Statutory presumptions with respect to breath analyses and blood tests, &c.

(1)  [Section 23 Subsection (1) amended by No. 38 of 2017, s. 42, Applied:03 Dec 2018] *[Section 23 Subsection (1) substituted by No. 94 of 1975, s. 18 ]*In any proceedings to which this Division applies, the concentration of alcohol in a sample of blood taken from a person in accordance with this Act shall be deemed to be the actual concentration of alcohol in his blood at the time at which the sample was taken, unless the contrary is proved.

(2)  [Section 23 Subsection (2) amended by No. 28 of 2005, s. 18, Applied:01 Feb 2006] *[Section 23 Subsection (2) substituted by No. 94 of 1975, s. 18 ]*In any proceedings to which this Division applies, the concentration of alcohol in the breath of a person as determined by a breath analysis that was properly carried out shall be deemed to be the actual concentration of alcohol in the breath of that person at the time at which he submitted to the analysis, unless it is shown on the balance of probabilities that the concentration of alcohol in his breath at the time was not greater than the prescribed concentration.

(3)  Where, in any proceedings to which this Division applies, there is a conflict between the evidence referred to in subsection (1) and that referred to in subsection (2) the former evidence shall prevail.

(4)  [Section 23 Subsection (4) amended by No. 38 of 2017, s. 42, Applied:03 Dec 2018] [Section 23 Subsection (4) amended by No. 28 of 2005, s. 18, Applied:01 Feb 2006] [Section 23 Subsection (4) amended by No. 28 of 2005, s. 18, Applied:01 Feb 2006] [Section 23 Subsection (4) amended by No. 28 of 2005, s. 18, Applied:01 Feb 2006] *[Section 23 Subsection (4) amended by No. 91 of 1982, s. 12 ]*Where in any proceedings for an offence under section 6 (1) it is shown that the concentration of alcohol in the breath or blood of a person who became liable to submit to a breath analysis was, at any time within 6 hours after the relevant time, equal to or not less than a particular concentration (being a concentration not less than the prescribed concentration), that particular concentration shall be deemed to have been the concentration of alcohol in his breath or blood at the time of the relevant act of driving unless it is shown that the concentration of alcohol in his breath or blood at the time of that act of driving was not greater than the prescribed concentration.