(4)Conviction for offence against subsection (1F), (2), (2A), (2B), (2D), (2J), (2K) or (2L) in particular circumstance#

Subject to subsection (3), if on the hearing of a complaint of an offence against subsection (1) the court is satisfied—

(a) as to all the elements of the offence charged other than the element of the defendant’s being under the influence of liquor or a drug at the material time; and
(b) that at the material time the defendant—
(i) was over the middle alcohol limit; or
(ii) was over the general alcohol limit; or
(iii) was a person to whom subsection (2A), (2B), (2D), (2J), (2K) or (2L) referred and was over the no alcohol limit;

the court must convict the defendant of the offence under subsection (1F), (2), (2A), (2B), (2D), (2J), (2K) or (2L) that is established by the evidence.