Drink Driving Loophole

Added: Friday, September 25, 2015

Drink Driving loophole could result in hundreds of drunk driving charges being dismissed. The high court has recently ruled that when gardaí perform an alcohol breath test in a garda station, the law requires they must provide a statement of results in Irish and English. The Evidenzer Irl Breathalyser machine, used in Garda stations, can provide statements in Irish or English, but requires operators to choose one language or the other. It does not provide statements in both languages The government has now passed legislation providing for statements to be produced in either the English or the Irish language. It replaces the old Statutory Instrument signed into law in October 2011, which required both languages. In the meantime those drink driving cases affected by the decision are being adjourned pending a possible appeal of the High Court decision to the Supreme Court Therefore a drink driving offence committed prior to the 22nd of September 2015 could possibly be dismissed. For advice on all aspects of criminal defence, drink driving offence representation and advice contact John Nash Solicitors, Abbey Street, Loughrea, County Galway