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Detention period prior to breath test being administered satisfied “reasonable necessity” test
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High Court, in answering consultative case stated concerning whether an observation period of 20 minutes prior to a breath test being administered rendered a suspect’s detention in a drink driving prosecution unlawful, finds that it did not in circumstances where the Garda witnesses gave reasonable and objective reasons for the detention period which were sufficient to satisfy the "reasonable necessity" test.
Criminal law – consultative case stated – drink driving – breath-alcohol test with a 20-minute observation period – prolongation of detention – whether the 20-minute precautionary period continues to be necessary and lawful now that Gardaí use a type of breathalyser known as the ‘Evidenzer’ (which has replaced the ‘Intoxilyser’) – Medical Bureau of Road Safety – section 12(1)(a) of the Road Traffic Act 2010 – Manufacturer’s Manual for guidance of the Operator of the Evidenzer machine for breath testing does not require an observation period of twenty minutes prior to a test – s.4(8) of the Road Traffic Act, 2010 – delay in carrying out observation period – application of the ‘reasonable necessity’ test – delay through chance circumstance – delay through standard prolongation of detention – Garda witnesses gave reasonable and objective reasons for the detention period arising sufficient to satisfy the ‘reasonable necessity’ test – consultative case stated answered in the negative.
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