[Article] Gardai to get new powers to test motorists randomly

Victor

http://home.eircom.net/content/irelandcom/topstories/1985322?view=Eircomnet

Gardai to get new powers to test motorists randomly
From:ireland.com
Wednesday, 19th November, 2003

Gardaí are to be given new powers to breathalyse motorists as part of the Christmas anti-drink driving campaign, writes Michael McAleer, Motoring Editor.

The Minister for Transport, Mr Brennan, told The Irish Times yesterday that he is to sign regulations to allow gardaí to demand a breath test from motorists whom they suspect of committing a number of road traffic offences, such as double parking or driving a vehicle with a faulty indicator.

Mr Brennan said the regulations, promised on several occasions by the Government, would be signed into law in the coming weeks.

He will launch this year's National Safety Council anti-drink driving campaign tomorrow.

At present, a garda must form a legal view that a motorist is over the legal alcohol limit before being able to demand a breath sample. This legal view then has to be proven in court, which has previously been open to legal challenge.

Although gardaí will not be able to set up checkpoints for random breath-testing yet, the new regulations will allow them to demand a breath test from any motorist they believe may have committed an offence under the wide-ranging Road Traffic Acts.

Mr Brennan said he had intended to sign the regulation into law months ago, but ran into legal problems which had now been cleared up. It remains his intention to introduce more general random testing in the Road Traffic Bill, due to come before the Dáil early next year.

"This Bill will grant gardaí the right to carry out random testing. However, there are legal issues surrounding it that have yet to be resolved."

The Minister said he had no immediate plans to reduce the drink-drive blood alcohol limit to 50 mg from 80 mg. The 50 mg limit is standard in most EU states.

Mr Brennan said: "I'm told by all the authorities that most offenders caught drink-driving are well over the legal limit. The numbers caught between 50 mg and 80 mg are minuscule, so it's not as urgent as random testing, but we will eventually bring it into line with the rest of Europe."

Ireland, Britain, Italy and Luxembourg are the only countries in the EU where the drink-driving limit is still at 80 mg of alcohol per 100 ml of blood, and Luxembourg will shortly move to a 50mg limit.

Figures from the National Safety Council claim that about 230 drivers are arrested each week on suspicion of drink-driving and, while 91 per cent were over the limit, 51 per cent were more than twice the legal limit.

The new breath-testing powers will be backed up by a High Court decision earlier this month to dismiss a legal challenge to the intoximeter, used to test breath for alcohol. The court dismissed a claim from seven people that they should have been able to inspect it.

Up to 2,000 drink-driving cases are in the District Court system awaiting the outcome of legal challenges to the intoximeter.

mike65

'bout time. It'll annoy the Council of Civil Liberties etc but they don't have to scrap up the mess after the crash....

Mike.

Sarsfield

Good. Can't stand people who drink and drive.

And people who ignore other rules of the road are fully deserving of the extra hassle - drunk or not :mad:

Bee

I can see this excellent idea being revoked as it is wide open to Garda abuse.

Bee

MDR

I can see this excellent idea being revoked as it is wide open to Garda abuse.

One would persume that anyone being caught drink driving,
would also have a blood test given by an appointed doctor at the Garda station,
one would wonder with the evidence of this blood test, where the analysis
is carried out at private labs, how it could become open to abuse.

Victor

Originally posted by Bee
I can see this excellent idea being revoked as it is wide open to Garda abuse.

You mean they might use it to harass people who break the law?

http://home.eircom.net/content/unison/national/1992944?view=Eircomnet

Drink drivers face being named, shamed and banned on the spot
From:The Irish Independent
Thursday, 20th November, 2003
Treacy Hogan Environment Correspondent

DRINK drivers face being named and shamed and disqualified on the spot without going to court, it was learned last night.

Motorists caught driving over the limit face being automatically fined and put off the road without having to go to court under controversial proposals being considered by Transport Minister Seamus Brennan.

But they won't escape public humiliation as the minister insists that their names will have to be made public.

The disclosure comes as it was confirmed yesterday that gardai are being handed major new legal powers from December 1 to breath test motorists involved in even minor road traffic offences without first having to form an opinion they are drunk.

The random powers, as first disclosed by the Irish Independent, will be used during the Christmas drink-driving blitz.

The new Administrative Penalty arrangement being examined by Mr Brennan and Justice Minister Michael McDowell would only apply to drivers marginally over the limit on a very specific scale.

"If you're over the limit and you are within a certain range, the idea is that instead of going to court, you would hand up your licence, take the disqualification and a fixed fine," Mr Brennan said.

Other drivers with higher levels would be brought to court where they face jail sentences.

The proposal is certain to generate considerable controversy as the National Safety Council has warned that even one drink affects driving ability.

Mr Brennan told the Irish Independent yesterday that the proposal was being considered because of the expected surge in drink-driving cases which will arise when full random breath testing is introduced in legislation next year.

Drivers will still have the option to go to court where they would face mandatory disqualification for up to two years.

The minister said a fixed scale of fines and disqualification times would have to be worked out.

"There would have to be a very narrow band (the amount over the limit). Their names would have to be publicised in some format," said Mr Brennan.

The minister said measures had to be stepped up because 40pc of accidents were drink related, a full 10pc higher than the international average.

loyatemu

this is a good idea - random breath tests will be an even better idea.
there is still a large number of people drinking and driving and at the moment it is very difficult to catch them (unless they are weaving all over the road etc)

unfortunately we'll still have the problem that there are hardly any traffic patrols to catch people committing traffic offences.

Bee

You people are sooo trusting....Think of the civil liberty issues that will arise. Garda harrassment etc etc

Your responses remind me of that nice ex-politician Mrs Thatcher. As she increased police powers etc she always maintained only the guilty should worry. Of course her version of the "guilty" was anyone that didn't agree with her policies.

Bee

MadsL

Of course it is hard to prove that you are stoned out of your box. Random munchies test, next year? Gardai to be given powers to question anyone buying suspicious quanties of snack foods and Cola late at night.

Robbo

Anyone else see the constitutionality of this being challenged a year or two from now?