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The Motor Vehicles Act, 1988

205. Presumption of unfitness to drive.

In any proceeding for an offence punishable under section 185 if it is proved that the accused, when requested  by a police officer at any time so to do, had refused, omitted or  failed to consent to the taking of or providing a specimen of his  breath for  a breath  test or  a specimen  of his  blood for a laboratory  test,   his  refusal,  omission  or  failure  may,  unless reasonable cause  therefor is  shown, be presumed to be a circumstance supporting any  evidence  given on  behalf  of  the  prosecution,  or rebutting any evidence given on behalf of the defence, with respect to his condition at that time.

Motor Vehicles Act, 1988 Back

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