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District Court erred in law in dismissing drink driving prosecution
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High Court answers case stated by the District Court in the negative, holding that the District Court had not been correct in law to dismiss a drink driving prosecution on the basis that the relevant member of An Garda Síochána did not engage in a 20-minute observation period before he administered the roadside breath test.
Case stated by the District Court - respondent facing charge of a driving a mechanically propelled vehicle with too high a concentration of alcohol in his blood - vehicle observed being driven erratically - breath test performed - Garda formed the opinion that the accused/respondent had consumed an intoxicant to such an extent as to render him incapable of having proper control of a mechanically propelled vehicle in a public place - District Court concluded that a 20-minute observation period should have been observed in line with instructions for the use of the roadside breath test apparatus and therefore dismissed the case - case stated for the High Court as to whether this decision was correct in law.
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