Expert opinion evidence based on published statistical analyses of alcohol elimination rates in the general population is sufficient to rebut the statutory presumption under s 47K(1) of the Road Traffic Act 1961 (SA); a defendant is not required to undergo individual elimination rate testing. Where the reconciliation of a breath analysis reading with a blood test result requires postulating an elimination rate outside the established normal range, the breath analysis reading is exaggerated within the meaning of s 47K(1a)(b).
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