Road Traffic (Amendment) Act, 1978

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Defence to refusal to permit taking of blood specimen.

19.—(1) In a prosecution of a person who has not exercised the option conferred by this Part to provide a specimen of urine, for refusing or failing to permit a registered medical practitioner to take a specimen of blood, it shall be a good defence for the defendant to satisfy the court that there was a special and substantial reason for his refusal or failure.

(2) Notwithstanding subsection (1), evidence may be given at the hearing of a charge for an offence under section 49 or 50 of the Principal Act that the defendant refused or failed to permit the taking of a specimen of his blood.