Presumption of unfitness to drive
AI Assist
Summary
If a person accused of drunk driving refuses or fails, when asked by a police officer, to give a breath or blood sample, that refusal can be treated as evidence suggesting they were unfit to drive unless they show a reasonable cause. It can support the prosecution's case or weaken the defence's evidence about the person’s condition.
Example
Ravi is stopped after a minor collision and a police officer asks for a breath sample, but Ravi refuses. Unless Ravi offers a reasonable excuse for refusing, the refusal may be used as evidence supporting the prosecution’s claim that he was unfit to drive.
Bare Act
Enacted textIn any proceeding for an offence punishable under section 185 if it is proved that the accused when requested by a police officer at any time so to do, had refused, omitted or failed to consent to the taking of or providing a specimen of his breath for a breath test or a specimen of his blood for a laboratory test, his refusal, omission or failure may, unless reasonable cause therefor is shown, be presumed to be a circumstance supporting any evidence given on behalf of the prosecution, or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.
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