- Laws of Fiji

Last Updated: 18 August 2017

[LAT 15,950] Miscellaneous11

(1) It is a defence for a person charged with an offence under section 103(1)(a) or 105(1) to prove that at the time the person is alleged to have committed the offence there was no likelihood of his or her driving the vehicle whilst the proportion of alcohol in his or her breath or blood remained likely to exceed the prescribed limit.

(2) In proceedings for an offence under section 103(1)(a) or 105(1) a certificate purporting to be signed by a police officer stating any of the following facts—

(a)the officer is authorised by the Commissioner of Police to operate breath analysing instruments;
(b)the person named in the certificate submitted to a breath analysis;
(c)the apparatus used by the officer to make the breath analysis was a breath analysing instrument within the meaning of these regulations;
(d)the apparatus was in proper working order and adjusted correctly;
(e)the apparatus was properly operated;
(f)the analysis was made on the day and completed at the time stated in the certificate;
(g)the breath analysing instrument showed a concentration of alcohol in the breath expressed in microgrammes of alcohol in 100 millilitres of breath on the day and at the time stated in the certificate; and
(h)a statement required by regulation 5(5) was delivered in accordance with that subregulation,

is prima facie evidence of the matters stated in the certificate.

(3) In proceedings for an offence under this regulation, the prosecution may re-open its case at any time before judgment is given, and may adduce further evidence in rebuttal of any evidence raised by the defendant.

(4) These Regulations have effect notwithstanding anything contained in any contract of insurance and the contract is void to the extent that it excludes, limits, modifies or restricts the operation of these Regulations.