That's a consequence of the inevitable and likely successful constitutional challenge. It's also a consequence of many of the other provisions, including the evidentiary shortcuts, the watering down of requirements such “as soon as practicable”, the officer having a reasonable belief that the motor vehicle was operated within a certain time, of the reading-back provisions. All of those shortcuts as well are all pathways to courts not sanctioning people who may truly be guilty and would have been captured under the existing legislation.
