A High Court ruling which stated a breath alcohol test statement is invalid if it is in English only has cast hundreds of drink-driving prosecutions in danger of being thrown out.
Justice Seamus Noonan said there was “no ambiguity” in a law which states that gardai must supply printouts from the alcohol breath test machine in both Irish and English.
The ruling means that any statement issued in only English, or Irish, cannot be used as evidence, thus putting hundred of cases in doubt.
Members of PARC (Promoting Awareness, Responsibility and Care on our roads) have called on Minister for Transport Paschal Donohue to take steps to fix this loophole, after a case in July of last year involving a driver failing two alcohol tests was thrown into doubt after his lawyers argued the statements from these tests had not been issued in Irish.
Susan Gray, a member of PARC, said “we wrote to the Minster and asked him if there was a loophole there to close it as soon as possible.
“It is extremely worrying for us and it must be troubling for the Gardai also who are trying to bring these people to justice".
Via The Herald
