(1) Where a person is alleged to have committed an offence under section 49(2), (3) or (4) (inserted by section 10 of the Act of 1994) or section 50(2), (3) or (4) (inserted by section 11 of the Act of 1994) of the Principal Act and the concentration of alcohol purported to be present in his or her body as stated or certified in accordance with Part III of the Act of 1994 did not exceed -
(a) 100 milligrammes of alcohol per 100 millilitres of blood,
(b) 135 milligrammes of alcohol per 100 millilitres of urine, or
(c) 44 microgrammes of alcohol per 100 millilitres of breath,
he or she shall, subject to subsections (2) and (3), be served with a notice ("fixed disqualification notice") in accordance with subsection (7) stating that where the charge specified in subsection (4) ("fixed charge") is paid in accordance with this section and the disqualification specified in subsection (5) for the person holding a driving licence is in consequence applicable, a prosecution in respect of an