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Drink-driving charge fails over Irish print-out option


A charge of drink driving has been dismissed because the driver was not given the option of having his breath-test results printed out in English or Irish.
Mark Finnerty of 2 Garville Terrace, Rathgar, Dublin, was charged with drink driving at Main Street, Newport, on December 28, 2016. He appeared before Westport District Court on November 2, where his barrister, David Staunton, argued that the ‘strict compliance’ of the regulations regarding the use of the intoxilyzer (breath-testing) machine were not adhered to, as his client was not given the option of an Irish language print out of the machine’s results.
In giving her ruling at last week’s sitting of Westport District Court, Judge Mary Devins ruled that this was a statutory requirement and because the garda did not give evidence of selecting the option of English or Irish, she had to dismiss the charge.
Mr Finnerty was arrested shortly after he had a conversation with gardaí outside a pub in Newport at approximately 12.40am and they noted he had drink taken.
A few minutes later they noticed Mr Finnerty reversing out of a car-park and he was later arrested for drink driving. A subsequent breath test showed a concentration of 78 microgrammes of alcohol per 100ml of breath which showed he was three times over the drink driving limit.

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