Judgment: 2005-03-16 · Court archive

High Court rules evidence did not justify dismissing breath-test charge

The court answered a case stated from the District Court, finding the prosecution’s statutory presumption had not been rebutted by evidence about a Garda observation practice.

High Court · [2005] IEHC 77

Who, what, where, when and why

Who

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What

The court answered a case stated from the District Court, finding the prosecution’s statutory presumption had not been rebutted by evidence about a Garda observation practice.

Where

No place detail is included in this summary.

When

Judgment:

Why

Reasons reported in the judgment

The High Court ruled that a District Court justice was not justified in dismissing a drink-driving charge because the prosecution had not established a continuous 20-minute observation period before a breath test. The ruling answered a question of law referred by the District Court; it did not itself record a conviction or sentence.

The High Court ruled that a District Court justice was not justified in dismissing a drink-driving charge because the prosecution had not established a continuous 20-minute observation period before a breath test. The ruling answered a question of law referred by the District Court; it did not itself record a conviction or sentence.

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