Proof that a breath analysing instrument is in proper working order is not a precondition to the lawfulness of a direction under s 47E(2) of the Road Traffic Act 1961 (SA); the definition of 'breath analysing instrument' requires only that the apparatus be of a kind approved by the Governor. Section 47E(3) creates a single offence in respect of a failure to comply with directions given in relation to a single requirement to submit to a breath analysis, regardless of the number of successive directions. A Jones v Dunkel inference from failure to call a witness cannot create positive evidence to support a defence of good cause.
The full text is available to signed-in members, including the 1 later case that cites this judgment.