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The Road Traffic (Northern Ireland) Order 1995
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The Road Traffic (Northern Ireland) Order 1995, Section 16 is up to date with all changes known to be in force on or before 13 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Driving, or being in charge of, a motor vehicle with alcohol concentration above prescribed limitN.I.
16.—(1) If a person—
(a)drives or attempts to drive a motor vehicle on a road or other public place, or
(b)is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine exceed the prescribed limit he is guilty of an offence.
(2) It is a defence for a person charged with an offence under paragraph (1)(b) to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) The court may, in determining whether there was such a likelihood as is mentioned in paragraph (2), disregard any injury to him and any damage to the vehicle.
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