(2B)Application of subsection (2C)#

Subsection (2C) applies if—

(a) a police officer requires a person to provide a specimen of breath for a breath test by the person, a specimen of saliva for a saliva test by the person, or both, under subsection (2), (2AA), (2A) or (2AAA); and
(b) the person—
(i) is taken not to have provided the specimen of breath or saliva under subsection (1A); or
(ii) provides the specimen of breath or saliva; but—
(A) the device used for the test is or becomes defective precluding its satisfactory operation; or
(B) for any reason it is not possible to use or continue using the device to conduct the breath test or saliva test; or
(C) for any other reason it is not possible to complete the breath test or saliva test.

(2C)