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Court of Appeal upholds the High Court's decision affirming the lawfulness of a mandatory intoxicant testing checkpoint where the appellant was stopped and subsequently convicted, where the appellant challenged the validity of the Garda checkpoint authorisation, which contained two separate authorizations with an alleged dating anomaly, but the court finds that the error did not affect the validity of the second checkpoint authorisation and that severance of the flawed portion of the document was appropriate.
Mandatory Intoxicant Testing (MIT) checkpoint - Garda Síochána - authorisation document - Road Traffic Act 2010 - appeal by case stated - driving under the influence (DUI) - no-insurance charge - driving without a license charge - severability - retrospective authorisation - validity of checkpoint - High Court - Court of Appeal - statutory compliance - presumption of validity - fundamental error - severance of authorisation.
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