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The Road Traffic (Amendment) (Northern Ireland) Order 1991
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PART IIAMENDMENTS RELATING TO DRINKING AND DRIVING
The Road Traffic (Northern Ireland) Order 1981 (NI 1)
12. In Schedule 4 (table of offences, etc.)—
(a)omit the entry relating to Article 141; and
(b)for the entries relating to Articles 144 to 147 substitute the following entries—
| Article of Order | General Nature of Offence | Mode of Prosecution | Punishment |
|---|---|---|---|
| 143(1) | Driving or attempting to drive when unfit to drive through drink or drugs. | Summary | A fine of level 5 on the standard scale or imprisonment for 6 months or both. |
| 143(2) | Being in charge of a motor vehicle when unfit to drive through drink or drugs. | Summary | A fine of level 4 on the standard scale or imprisonment for 3 months or both. |
| 144(1)(a) | Driving or attempting to drive with excess alcohol in breath, blood or urine. | Summary | A fine of level 5 on the standard scale or imprisonment for 6 months or both. |
| 144(1)(b) | Being in charge of a motor vehicle with excess alcohol in breath, blood or urine. | Summary | A fine of level 4 on the standard scale or imprisonment for 3 months or both. |
| 145 | Failing to provide a specimen of breath for a preliminary breath test. | Summary | A fine of level 3 on the standard scale. |
| 146 | Failing to provide specimen for analysis or laboratory test. | Summary | (a)Where the specimen was required to ascertain ability to drive or proportion of alcohol at the time offender was driving or attempting to drive, a fine of level 5 on the standard scale or imprisonment for 6 months or both. (b)in any other case, a fine of level 4 on the standard scale or imprisonment for 3 months or both. |
The Police and Criminal Evidence (Northern Ireland) Order 1989 NI 12
13.—(1) In Article 35(7), for “Article 146(3)(b)” substitute “Article 145(5)”.
(2) In Article 36(6)(d), omit “144”.
(3) In Article 62(11), for “141 to 152” substitute “143 to 152A”.
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