Motor Vehicles Act Section 205 — Presumption of unfitness to drive

CHAPTER XIII OFFENCES, PENALTIES AND PROCEDURE

Civil

Summary

In any court case for an offence under section 185, if the police officer asked the accused person to give a sample of their breath for a breath test or a sample of their blood for a laboratory test, and the accused refused, did not give it, or failed to give it, that refusal or failure can be treated as a circumstance that supports the prosecution's evidence or weakens the defence's evidence about the accused person's condition at that time. This applies only if the accused does not show a reasonable cause for refusing or failing to provide the sample.

Official Text

In any proceeding for an offence punishable under section 185 if it is proved that the accused, when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.