Randomly stopped an breath tested

colbully

I'm just wondering have the Garda the right to stop a car randomly and breath test the driver ,? As in not a check point , but because of the look of the car or something like that ? This post is linked to my other post on a similar subject

Paulw

Only if they have a reasonable suspicion of drink driving, or if it has been reported to them. That wouldn't be a random stop though, since you would be targeted due to your driving.

DeltaWhite

I would think so! They can pretty much do whatever they feel necessary to protect the lives of others!

colbully

Thanks lads . Thats that cleared up

Kosseegan

Paulw wrote: »

Only if they have a reasonable suspicion of drink driving, or if it has been reported to them. That wouldn't be a random stop though, since you would be targeted due to your driving.

If they suspect any offence they can stop a car and speak to the driver. If it appears the person has been drinking then a breath test can be administered.

Kosseegan

DeltaWhite wrote: »

I would think so! They can pretty much do whatever they feel necessary to protect the lives of others!

They cannot stop cars capriciously or arbitrarily.

colbully

Kosseegan wrote: »

They cannot stop cars capriciously or arbitrarily.

What does that mean kosseegan ?? Capriciously or arbitrarily

234

colbully wrote: »

What does that mean kosseegan ?? Capriciously or arbitrarily

http://lmgtfy.com/?q=capricious

Javan

A quick Google later:

http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/driving_offences/drink_driving_offences_in_ireland.html

Excerpts:

Mandatory alcohol testing means random breath testing. The Road Traffic Act 2006 allows the Gardai (in certain circumstances) to breathalyse the drivers of vehicles without the need to have formed the opinion that the driver had consumed alcohol.

The power can however only be exercised at checkpoints which have been authorised by a Garda Inspector. These checkpoints are specifically designed for the purpose of mandatory alcohol testing.

The Road Traffic Act 2006 does not give the Gardai the power to pull cars over while in traffic and breathalyse the driver randomly. It only gives the Gardai the power to conduct checkpoints for the purpose of random breath testing. If however, the Garda has formed the opinion that you have committed any road traffic offence, or that you have been involved in a road traffic accident, or is of the opinion that you have consumed alcohol then they can stop you in traffic and breathalyse you under the powers given by the Road Traffic Act 2002.

MagicSean

Outside of mandatory alcohol testing checkpoints set up under the 2006 act the Gardaí can demand a sample from a driver if they

a) are of the opinion the person has committed an offence under the road traffic acts
b) are of the opinion the person has been involved in a road traffic collision
c) are of the opinion the person has consumed an intoxicant

http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0009.html#sec9

Procrastastudy

colbully wrote: »

What does that mean kosseegan ?? Capriciously or arbitrarily

For the craic