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Evidenzer printout

  • 04-11-2015 3:46pm
    #1
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭


    The State are currently appealing a court decision in relation to the Evidenzer breath test machine.

    Apparently the printout from the machine should be in both English and Irish but the machine was only printing out English details, therefore the results couldn't be entered as evidence.

    Did the government ever close this loophole or do they have to wait for the result of the challenge before they can change the law?


Comments

  • #2
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #3
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    I was talking to a solicitor today and he reckons that if the appeal to that decision fails, then the cases will be thrown out, even cases that happened as recently as this week.

    He must be mistaken so.


  • #4
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    BattleCorp wrote: »
    I was talking to a solicitor today and he reckons that if the appeal to that decision fails, then the cases will be thrown out, even cases that happened as recently as this week.

    He must be mistaken so.

    It depends on what he means by 'cases that happened as recently as this week'. If he is referring to court cases happening this week then he is correct as the incidents they relate to (of a breath test after a suspected case of drink driving) would have happened a few months ago and therefore predate the amending legislation so a defending solicitor or counsel would make the same plea and the judge would typically then adjourn the case to await the ruling in the case under appeal.


  • #5
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    coylemj wrote: »
    It depends on what he means by 'cases that happened as recently as this week'. If he is referring to court cases happening this week then he is correct as the incidents they relate to (of a breath test after a suspected case of drink driving) would have happened a few months ago and therefore predate the amending legislation so a defending solicitor or counsel would make the same plea and the judge would typically then adjourn the case to await the ruling in the case under appeal.

    His case related to somebody breathalyzed last week and who had a court appearance yesterday.

    How did the Minister fix this loophole. Did they use a S.I.?


  • #6
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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