intoxilyzer problems

Our man in Havana

Does anyone know what issues with the intoxilyzer are before the SC at the moment? How does it affect the cases before the district courts at present?

Turner

Not sure but Drink driving problems are so easilly solved.

Make any alcohol in the system illegal when driving. Have a simple device to detect alcohol in the breath. Not the amount, just the presence.

Also make the arrest procedure less formal, at the moment if a case is contested its how much the garda can learn off by heart and repeat in court.

In most cases the garda is not allowed to refer to his statement or notes taken at the time. Has to have times of detection arrest arrival and sections of law off by heart.

Eru

IM not sure myself as I thought all the challenged had finished at this stage.

The only thing I can think of was a defence I heard before (not accepted in the particular case) were the Intoxilyser wasnt examined by an independent observer prior to the test and the main thing being that the defence cannot access the machine too get their own expert to test and verify it neither can they conduct their own tests which they can using blood and urine samples (2 taken).

Its a stupid bloody arguement anyway, throwing out cases because they are old? Well now, lets see how many delays were caused by either side and how many were avoidable? As for evidence, if the Gardai cant remember then so be it but give the prosecution a fair shot.

You cant realistically have 0% limit as some people naturally have a limited amount at all times plus certain food items can alter the machine by a tiny amount. Thats why the machine deducts a certain amount as standard. If you had 0% and someone came back at 8 take away the -7 by the machine that leaves 1 but how many cases would be fought based on the millions of circumstances that could cause this? Including more challenges against the machines measurements and reliability.

The only way to stop challenges would involve a huge amount of time such as witnesses that saw the person drink (good luck getting them) or letting people drink/drive (and thats not a good idea either).

maidhc

Chief--- wrote:

Not sure but Drink driving problems are so easilly solved.

Make any alcohol in the system illegal when driving. Have a simple device to detect alcohol in the breath. Not the amount, just the presence.

Because we want to ban people for 6 months because they are taking a cough bottle?

There is nothing wrong IMO with the challenges, when you are doing something as drastic as taking away a persons licence to drive the least to be expected is that procedures are followed exactly. Not every challenge is successful either, the most recent few this year I came upon were not.

Gobán Saor

Yes, there are practical problems with a zero limit; eg some fruit such as pears can ferment in the digestive tract and produce alcohol in the system. I've often thought that a better system might be to prohibit driving/control of MPV within a specified time period of consuming alcoholic beverages. Obviously different issues of evidence would arise but it might be worth looking at as an alternative offence.

Eru

Maidhc,
Please dont turn this onto the public or the Gardai.

We are not taking your license for fun, you drove when you were drunk, thats dangerous to every other road user and pedestrians, the challenges show me just how many spoilt little brats are allowed drive and 6 months without a license isnt drastic, we have buses, taxis and trains plus the god given right to walk.

There people should have been tought by mammy and daddy about personal responsibility.