Section 123J: Choice of specimens of breath

123J. Choice of specimens of breath (1) Subject to subsection (2), where 2 specimens of breath are provided by any person in pursuance of section 123H, that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded. (2) If the specimen with the lower proportion of alcohol contains no more than 40 micrograms of alcohol in 100 millilitres of breath, the person who provided it may claim that it should be replaced by such specimen as may be required under section 123H (2), and, if he then provides such a specimen, neither specimen of breath shall be used. [S. 123J inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003.]