(6)Court not to convict if satisfied of particular matters#

If on the hearing of a complaint of an offence against subsection (1)(c), (1F)(c), (2)(c), (2AA)(c), (2A)(c), (2B)(c), (2J)(c), (2K)(c) or (2L)(c) in respect of a motor vehicle the court is satisfied beyond reasonable doubt by evidence on oath that at the material time—

• (a) the defendant—
• (i) by occupying a compartment of the motor vehicle in respect of which the offence is charged other than the compartment containing the driving seat of that motor vehicle; or
• (ii) not being in that motor vehicle, by some action;
• had manifested an intention of refraining from driving that motor vehicle while any of the following circumstances relevant to a conviction on the complaint applied—
• (iii) the defendant was under the influence of liquor or a drug;
• (iv) the defendant was over—
• (A) the middle alcohol limit; or
• (B) the general alcohol limit; or
• (C) if at the material time the defendant was a person to whom subsection (2A), (2B), (2J), (2K) or (2L) referred—the no alcohol limit;

there was a relevant drug present in the defendant's blood or saliva; and

1. (b)the defendant—
2. (i)was not under the influence of liquor or a drug to such an extent; or
3. (ii)was not, as indicated by the concentration of alcohol in the defendant's blood or breath, influenced by alcohol to such an extent;
4. (c)the motor vehicle in respect of which the offence is charged was parked in such a way as not to constitute a source of danger to other persons or other traffic; and
5. (d)the defendant had not previously been convicted of an offence under subsection (1), (1F), (2), (2AA), (2A), (2B), (2D), (2J), (2K) or (2L) within a period of 1 year before the date in respect of which the defendant is charged;

the court must not convict the defendant of the offence charged.