Section 123LA: Order made against persons under the influence of

123LA. Order made against persons under the influence of intoxicating drinks or drugs (1) Where a person – (a) is reasonably suspected by the Police of having committed an offence under section 123D, 123E or 123F; or (b) fails, without reasonable excuse, to provide a specimen of his breath for a breath test or specimens of breath for analysis, or a specimen of blood or urine, or both, for a laboratory test when required to do so pursuant to section 123G or 123H, a police officer shall, at the earliest opportunity, make an application to a Magistrate, in such form as may be prescribed, for an order under subsection (4). Acts 2016 501 (2) The Magistrate shall, on an application made under subsection (1), issue a summons to that person to attend Court and show cause why an order under subsection (4) shall not be made. (3) The Magistrate shall – (a) where a test carried out pursuant to section 123G or 123H on a person referred to in subsection (1)(a) shows that – (i) the proportion of alcohol in 100 millilitres of his breath is 46 microgrammes or more; (ii) the proportion of alcohol in 100 millilitres of his blood is 100 milligrammes or more; or (iii) the proportion of alcohol in 100 millilitres of his urine is 134 milligrammes or more; or (b) in the case of a person referred to in subsection (1)(b), after hearing the person, make, unless he thinks fit to do otherwise, an order referred to in subsection (4). (4) Where the person referred to in subsection (1) – (a) holds a driving licence, a provisional driving licence or an international driving permit, the Magistrate shall, unless he thinks fit to do otherwise, order that the person be disqualified from driving a motor vehicle for a period not exceeding 2 months from the date of the order; (b) does not hold a driving licence, a provisional driving licence or an international driving permit, the Magistrate shall, unless he thinks fit to do otherwise, order that the person be disqualified from holding or obtaining a licence in Mauritius for a period not exceeding 6 months from the date of the order. 502 Acts 2016 (5) (a) Where a person is disqualified from driving a motor vehicle under subsection (4)(a), the Magistrate shall order that person to surrender his driving licence, provisional driving licence or international driving permit, as the case may be, to the Court within 5 days of the date of the order. (b) Any person who fails to surrender his licence or permit within the period specified in paragraph (a) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months. (6) The Magistrate may hear and determine an application made under subsection (1) as though it were a civil matter. (7) An appeal from the order of the Magistrate made under subsection (4) shall not operate as a stay of execution of that order.