Typing error casts doubt on drink-driving prosecutions

29/09/2006 - 08:45:14
Many motorists could reportedly escape prosecution for drink-driving because of a typing mistake in the law on mandatory breath-testing.

Reports this morning say the Road Traffic Act fails to give gardaí the power to arrest motorists who refuse to take mandatory tests.

As a result, the driver is not legally obliged to provide a breath, blood or urine sample at a garda station.

This morning's reports say the error means motorists who refuse to take a breath test, but who later give a sample at a garda station, are unlikely to be successfully prosecuted for drink-driving.

However, they can still be prosecuted for refusing to take the breath test.

The cabinet reportedly agreed to rush through emergency legislation to close the loophole.