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Law question for solicitor or student

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  • Remember folks that convictions are rarely secured on a single piece of evidence. The idea is to prove beyond reasonable doubt that a person is guilty.

    A urine test alone, would not be sufficient. As has been pointed out above, cannabis, among other drugs, could be present in urine for many weeks after having consumed it. A positive urine sample alone would not prove, beyond reasonable doubt, that a person "is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle".

    However, a statement from the Garda as to his observation of the defendant's driving and his behaviour at the roadside, coupled with the evidence that the defendant's urine tested positive for cannabis, could very easily serve as sufficient evidence that the person was "under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle".

    All the evidence in the world which said that you hadn't enough cannabis in your system to impair your driving wouldn't be enough. The Garda was of the belief that you were intoxicated, and you tested positive for cannabis.




  • Has any case of this type ever went before the high court or supreme court?




  • Loads of case law on this but i havent seen it online.

    Has anybody here any links to online case law.




  • they can only use the urine sample in court if they took 2 samples (A) (B) they then must give the defendant the choice of taking sample A or B for their own defence purposes, if only one sample was taken, or 2 samples taken and the defendant not given the "choice" of which to take for themselves then there is no case.




  • The Doctor divides the sample the person provided into two and offers them the choice of either.

    If they take one the other is sent for analysis. If they dont take one the two are sent for analysis.


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