38
CurrentPolice may conduct random breath and oral fluid testing at same time(cf STM Act, s 39A)
38 Police may conduct random breath and oral fluid testing at same time(cf STM Act, s 39A)
(1)
Nothing in this Act prevents a police officer requiring a person to submit to both breath testing and oral fluid testing.
(2)
If a police officer requests or signals a driver of a motor vehicle to stop for the purpose of both clause 3 (Power to conduct random breath testing) and clause 6 (Power to conduct random oral fluid testing) and the driver fails to comply with the request or signal, the driver may be convicted of an offence against clause 3(4) or an offence against clause 6(3), but not both.
This Act’s bill:Explanatory memorandumSecond reading speech
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.