Where a defendant charged with a drink driving offence under s 47B of the Road Traffic Act 1961 (SA) is deprived of the ability to challenge the breath analysis reading through no fault of their own — including where a medical practitioner fails to take sufficient blood for analysis — the general unfairness discretion may be enlivened to exclude the breath analysis evidence. The defendant's conduct in availing themselves of the statutory safeguard is a critical factor. Exclusion of the evidence does not prevent prosecution but removes the statutory presumptions.
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