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Supreme Court clarifies that under road traffic legislation, as it stood at the relevant time, a driver who is required to provide an oral fluid specimen at an authorised checkpoint must wait for the result of the drug test analysis. This decision overturns the High Court's finding that there was no express or implied power for Gardaí to detain a driver for the duration of the analysis. The Supreme Court concluded that the use of the drug-testing apparatus does not conclude until the result is displayed, and therefore, the driver's obligation includes waiting for this result. The original court had been inclined to view the detention as unlawful, but the Supreme Court's interpretation does not require the implication of additional Garda powers or criminal liability for the driver, as the requirement to wait is inherent in the statutory requirement to provide a specimen using the apparatus.
Road Traffic Act 2010, oral fluid specimen, drug test, Garda checkpoint, Supreme Court, statutory interpretation, implied power, detention, arrest, analysis apparatus, mandatory intoxicant testing, Garda Síochána, driver's obligation, statutory requirement, unlawful detention, criminal liability, Supreme Court judgment.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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