When person is not guilty under subsection (5A)#

A person referred to in subsection (5A) is not guilty of an offence under that subsection if—

(a) immediately after the requirement is made, the person produces to the police officer a certificate in the approved form from a doctor stating that—
(i) because of a stated illness or disability, the person is incapable of providing a specimen of breath, a specimen of saliva or both a specimen of breath and of saliva; or
(ii) the provision of a specimen of breath, a specimen of saliva or both a specimen of breath and of saliva could adversely affect the person’s health; or
(b) the person satisfies the justices that the requisition to provide a specimen of breath, a specimen of saliva or both a specimen of breath and of saliva was not lawfully made or that the person was, by reason of the events that occurred, incapable of providing the specimen as required or that there was some other reason of a substantial character for the person’s failure to provide the specimen as required other than a desire to avoid providing information that might be used in evidence.

(6)