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New Drink Driving Legislation

  • 18-10-2011 1:32pm
    #1
    [Deleted User]
    Posts: 0 ✭


    Can anyone tell me if the new drink driving legislation will be open to all the stupid challenges that were brought against the old legislation and equipment?


Comments

  • #2
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Haven't studied it but if all that's changing is the schedule of penalties then it's unlikely it will open any new opportunities for hair splitting technical challenges.

    However if any of the procedural stuff is amended then the lawyers will be on the starting blocks.


  • #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    coylemj wrote: »
    Haven't studied it but if all that's changing is the schedule of penalties then it's unlikely it will open any new opportunities for hair splitting technical challenges.

    However if any of the procedural stuff is amended then the lawyers will be on the starting blocks.

    It will no longer be section 49 or 50. All new legislation RTA 2011. Wording is the same. There will be new breath machines but procedure should be the same.


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    foreign wrote: »
    Can anyone tell me if the new drink driving legislation will be open to all the stupid challenges that were brought against the old legislation and equipment?

    All legislation is open to challenge.
    Why should drink driving legislation be any different?
    How can it be made different?


  • #5
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    foreign wrote: »
    It will no longer be section 49 or 50. All new legislation RTA 2011. Wording is the same. There will be new breath machines but procedure should be the same.

    RTA 2010 actually. Its all there in Irish Statue Book but the commencement order isnt signed yet.

    Section 4 will be the new 49 and so on.

    Its legislation that we KNOW will be challenged for various reasons. If Gardaí on the ground were consulted we could pick the holes for them and let them patch them before hand..........Have a read over it and I guarantee 4in that you will see some bits that will of course cause us hassle in court.

    Of course, then again......who writes legislation?? The same people who make money challenging it;)


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Hooch wrote: »
    Of course, then again......who writes legislation?? The same people who make money challenging it;)

    No they don't. Bills introduced by the Government of the day are written by parliamentary draughtsmen who are lawyers employed in the office of the Attorney General.

    The people who challenge the drunk driving laws are skilled barristers who are paid to find loopholes in the law by people desperate to hang on to their driving licences.


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