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Road Traffic (Amendment) Act (Northern Ireland) 2016

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This is the original version (as it was originally enacted).

Minimum disqualification: offence under Article 14(1)(b) or 16(1)(a) of the Order of 1995

12.—(1) In paragraph (1) of Article 35 of the Offenders Order (minimum disqualification on conviction of certain offences), after “disqualification,” insert “(except where paragraph (1ZA), (1ZB) or (1ZC) provides otherwise)”.

(2) After that paragraph, insert—

“(1ZA) Paragraph (1) shall apply as if the reference there to 12 monthswere a reference to 6 months, in relation to a person convicted of an offence under Article 16(1)(a) of the Order of 1995 (driving or attempting to drive when exceeding the prescribed limit), where the proportion of alcohol in his body did not exceed—

(a)34 microgrammes per 100 millilitres of breath,

(b)79 milligrammes per 100 millilitres of blood, or

(c)105 milligrammes per 100 millilitres of urine.

(1ZB) Paragraph (1) shall apply as if the reference there to 12 monthswere a reference to 18 months, in relation to a person convicted of an offence under Article 14(1)(b) of the Order of 1995 (causing death, or grievous bodily injury, by careless driving when exceeding the prescribed limit) or Article 16(1)(a) of that Order, where the proportion of alcohol in his body—

(a)exceeded 54 microgrammes, but did not exceed 87 microgrammes, per 100 millilitres of breath,

(b)exceeded 124 milligrammes, but did not exceed 199 milligrammes, per 100 millilitres of blood, or

(c)exceeded 165 milligrammes, but did not exceed 265 milligrammes, per 100 millilitres of urine.

(1ZC) Paragraph (1) shall apply as if the reference there to 12 monthswere a reference to 2 years, in relation to a person convicted of an offence under Article 14(1)(b) or 16(1)(a) of the Order of 1995, where the proportion of alcohol in his body—

(a)exceeded 87 microgrammes per 100 millilitres of breath,

(b)exceeded 199 milligrammes per 100 millilitres of blood, or

(c)exceeded 265 milligrammes per 100 millilitres of urine.”.

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