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Road Safety Act 2006

Section 31: Extension of offence in section 3A of Road Traffic Act 1988

102.Subsection (2) of this section extends the offence in section 3A of the RTA (causing death by careless driving when under the influence of drink or drugs etc) to allow for a person whose blood has been taken under section 7A (specimens of blood taken from persons incapable of consenting) to be prosecuted for the section 3A offence where, without reasonable excuse, that person does not (when he is later able to) consent to his blood being subjected to a laboratory test.

103.The effect of subsection (3) of this section is that a prosecution for the section 3A offence on the basis of a refusal of consent under section 7A is only possible where the offence was committed with a motor vehicle, as opposed to any other kind of mechanically propelled vehicle. This is consistent with the limitation already in subsection (3) of section 3A of the RTA.

104.Subsection (4) amends section 24(1) RTOA to provide that conviction of an offence under section 7A(6) (failing to give permission for laboratory test) may be an alternative verdict to conviction of an offence under section 3A.

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