s. 31 (12) Nothing in subsection (10) relieves a person from S. 31(12) any penalty under section 28(1)(d) for refusing to amended by No. 17/1994 furnish a sample of breath. s. 17(9). S. 31(12A) (12A) Evidence derived from a sample of breath inserted by furnished in accordance with a requirement made No. 17/1994 s. 17(10). under this section is not rendered inadmissible by a failure to comply with a request under subsection (10) if reasonable efforts were made to comply with the request. (12B) If the question whether a breath analysing S. 31(12B) inserted by instrument was incapable of measuring in grams No. 17/1994 per 210 litres of exhaled air the concentration of s. 17(10), amended by alcohol present in any sample of breath furnished No. 94/2003 ss 34(11), by a person is relevant on a hearing for an offence 35(6). against section 28(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document— (a) purporting to be a print-out produced by that instrument in respect of that sample; and S. 31(12B)(b) (b) purporting to be signed by the person who amended by operated the instrument— No. 100/1995 s. 33(3). is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. S. 31(12C) (12C) A document referred to in subsection (12B) does inserted by not cease to be admissible in evidence or, in the No. 100/1995 absence of evidence to the contrary, to be proof of s. 33(4). the facts and matters contained in it only because of the fact that it refers to the Road Safety Act 1986 and not to the Marine Act 1988 and the reference to the Road Safety Act 1986 in that document and in each other document produced by the breath analysing instrument in respect of
S. 31(12) amended by No. 17/1994 s. 17(9). (12) Nothing in subsection (10) relieves a person from any penalty under section 28(1)(d) for refusing to furnish a sample of breath. S. 31(12A) inserted by No. 17/1994 s. 17(10). (12A) Evidence derived from a sample of breath furnished in accordance with a requirement made under this section is not rendered inadmissible by a failure to comply with a request under subsection (10) if reasonable efforts were made to comply with the request. S. 31(12B) inserted by No. 17/1994 s. 17(10), amended by No. 94/2003 ss 34(11), 35(6). (12B) If the question whether a breath analysing instrument was incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by a person is relevant on a hearing for an offence against section 28(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document— (a) purporting to be a print-out produced by that instrument in respect of that sample; and S. 31(12B)(b) amended by No. 100/1995 s. 33(3). (b) purporting to be signed by the person who operated the instrument— is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it. S. 31(12C) inserted by No. 100/1995 s. 33(4). s. 31 (12C) A document referred to in subsection (12B) does not cease to be admissible in evidence or, in the absence of evidence to the contrary, to be proof of the facts and matters contained in it only because of the fact that it refers to the Road Safety Act 1986 and not to the Marine Act 1988 and the reference to the Road Safety Act 1986 in that document and in each other document produced by the breath analysing instrument in respect of
88-52a084.docx