JUDGMENT

Faizah Jamaludin JCA:

A. This Appeal

[1] The respondent was acquitted, and discharged of all charges against him, by the Ipoh High Court on 15 May 2024, from a conviction by the Ipoh Magistrates' Special Traffic Court on one charge under s 45A(1) of the Road Transport Act 1987 ("RTA") for driving a motor vehicle with alcohol above the prescribed limit.

[2] The learned High Court Judge's acquittal of the respondent was premised on his interpretation that the breath test under s 45B(1) RTA is "an initial breath test", which if positive, makes it mandatory for the investigating officer to request the accused to provide two specimens of his breath or a specimen of blood or urine under s 45C(1) RTA.

[3] The High Court held that the respondent's conviction was unsafe because the investigating officer did not request the respondent for two specimens of his breath, or specimens of his blood or urine under s 45C(1) RTA.

[4] Dissatisfied with the High Court 's acquittal of the respondent, the appellant in his Notice of Appeal had appealed against the whole of the decision of the High Court . However, during the hearing of this appeal, the learned Deputy Public Prosecutor ("DPP")