Courts / Dublin / Report

1,400 drink driving prosecutions held up by Irish language breathalyser ruling

Date
2016-02-04
Stage
Appeal
Primary locality
Swords
County
Dublin

Summary

The Court of Appeal was informed by the State that 1,400 drink‑driving prosecutions are delayed because a ruling held that breath‑alyser statements printed only in English were invalid. The Director of Public Prosecutions appealed a decision that a failure to produce the Irish‑language half of the statement meant the evidence was inadmissible. The case originated from a 2014 District Court hearing in which solicitor Michael Staines argued that the Evidenzer Irl breath‑alyser produced two identical statements, one in English and one in Irish, and that the English‑only statement was not duly completed. Judge Colin Gibbons ruled it was incomplete, and High Court Judge Seamus Noonan confirmed that both language halves must be supplied. The DPP's counsel argued that the regulations provide two separate schedules, one in each language, and that the English statement alone was sufficient. Judge George Birmingham, joined by Judges Alan Mahon and John Edwards, noted the court would reserve judgment.

Who, what, where, when and why

What: Report matter: 1,400 drink driving prosecutions held up by Irish language breathalyser ruling. Procedural stage: appeal

When:

Why: However, during during District Court proceedings in 2014, solicitor Michael Staines, for Mr Avadenei, argued that the statement produced following the Evidenzer test was not valid because it was in English only. CNI source report

Places mentioned

Court Venue
  • Court of Appeal
  • High Court
Secondary Mention

Topics

Stage Appeal

Related court reports

Read the original CNI report

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