Courts / Dublin / Report

State to pay costs for breathalyser language challenge

Summary

In a 2016 High Court decision, the State agreed to pay costs for a challenge to the validity of breathalyser statements printed only in English. The case stemmed from a 2014 District Court hearing in which solicitor Michael Staines argued that the breath-test statement was not "duly completed" because it lacked an Irish-language version. Judge Colin Gibbons referred the matter to the High Court, where Justice Seamus Noonan ruled that the specimen must be supplied with two identical statements, one in Irish, and that a missing Irish half meant the evidence could not be admitted. The Court of Appeal later overturned this ruling, stating the omission was a matter of form, not substance. Justice John Edwards upheld the High Court's earlier award for costs in favour of Mr Avadenei, but made no order for appeal costs. The decision was noted as potentially affecting many drink‑driving prosecutions across the country.

Who, what, where, when and why

What: Report matter: State to pay costs for breathalyser language challenge. Procedural stage: appeal

When:

• 2016-06-02 Publication

Why: During District Court proceedings in 2014, solicitor Michael Staines, for Mr Avadenei, argued that the statement produced from a breath-test machine was not valid because it was in English only. CNI source report

Places mentioned

Topics

Stage Appeal

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Read the original CNI report