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reg 55B

Licence suspension for up to 24 hours

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Part 4Driving with alcohol in breath or blood or drug in body

55B Licence suspension for up to 24 hours

A police officer must not give a person a notice under section 29AAM of the Act if:

(a) a saliva test gave a positive indication of the presence of morphine (but no other prohibited drug); and

(b)

the person denies having consumed morphine; and

(c) the person's ability to properly control a motor vehicle was not apparently impaired.

Note

A saliva test may give a false positive indication of the presence of morphine if the person had consumed codeine. A blood test or saliva analysis will confirm whether the substance was codeine or morphine, but in the absence of impairment, the person must initially be presumed to have consumed codeine only.

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