Mandatory Breath Testing-Your Obligations Under the Road Traffic Acts | BusinessAndLegal.ie

Section 4 of the above Act obliges you to

1.  Provide a sample of your breath for the purposes of establishing the alcohol content of your breath.

A refusal to do so or a refusal to comply with a requirement of a Guard will be guilty of an offence and liable to face a fine of up to £5,000 or a prison sentence of up to 6 months.

The High Court has held that one of the proofs required for a successful prosecution of this offence is the written authorization to set up the checkpoint.

This is part of the Road Traffic Offences series of articles.

Breath testing where there is no checkpoint

Section 12 of the 1994 Road Traffic act obliges you as a driver to provide a breath specimen where there is no checkpoint-but there is an important difference where there is no checkpoint: the Gardai must form an opinion that you, being in charge of a vehicle in a public place

1.  Have consumed alcohol

2.  Have been involved in a collision OR

3.  Have committed an offence.

The penalties for this offence are the same as the checkpoint offence as set out above under the 2006 act.

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Road Traffic Offences | BusinessAndLegal.ie

Before taking a look at the most common road traffic offences lets take a look at driver disqualifications which is an area of concern and worry to many drivers who are brought before the Courts on road traffic summonses or charge sheets dealing with road traffic offences.

Driver disqualifications

There are three types of driver disqualifications:

1.       Ancillary disqualification

This is the disqualification from driving which is within the discretion of a Judge under the Road Traffic Act 1961. This disqualification can be imposed for any offence under the Road Traffic Acts.

2.      Special disqualification

A special disqualification can be imposed where the Gardai or a licencing authority applies to court on the grounds that you are an unfit person to drive a motor vehicle because of incompetence, disability or other grounds.

3.      Consequential disqualification

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