Road Traffic Act, 1968

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Right to further analysis.

45.—(1) Where a portion of a specimen is analysed and a determination in respect thereof made under section 43 (2), the person to whom the specimen relates may, within the prescribed period and in the prescribed manner and subject to the payment to the Bureau of the prescribed fee, require the Bureau to have analysed, in accordance with the prescribed procedure, portion of the remainder of that specimen and to have determined, in accordance with the prescribed procedure, the concentration of alcohol therein and the Bureau shall, in accordance with this Act and any appropriate regulations thereunder, comply with the requisition.

(2) Upon the making of a determination under subsection (1)—

(a) a certificate containing the result of the determination and such other matters as may be prescribed shall be issued to the member of the Garda Síochána in charge of the Garda station from which the specimen was forwarded, and

(b) a statement in the prescribed form containing the result of the determination and such other matters as may be prescribed shall be issued in the prescribed manner to the person from whom the specimen was taken or by whom the specimen was provided.

(3) Where a person making a requisition under this section so requests in the prescribed manner and within the prescribed period, an analysis and determination under this section shall be made in his presence or in the presence of a person nominated by him.

(4) Where a certificate issued under subsection (2) specifies a concentration of alcohol lower than that specified in the certificate issued under section 43 (3) in relation to that specimen, the last-mentioned certificate shall, for the purposes of section 44 (2), be read as if the lower concentration of alcohol were substituted for the concentration of alcohol specified therein.