The Director of Public Prosecutions v Feghiu (Approved) [2020] IEHC 235 (28 April 2020)

The Director of Public Prosecutions v Feghiu (Approved) [2020] IEHC 235 (28 April 2020)

A Garda is not legally obliged to conduct a 20-minute observation period before administering a roadside breath test; the absence of such an observation does not invalidate the prosecution for drink driving under the Road Traffic Act, 2010.

Citation
[2020] IEHC 235
Parties
Prosecutor/applicant: The Director of Public Prosecutions (at the suit of Garda Eimhin Matthews); Accused/respondent: Ion Feghiu
Jurisdiction
Ireland
Judgment Date
28 April 2020
Procedural Posture
Case Stated (criminal Appeal) / High Court Review of District Court Decision
Outcome
District Judge's decision overturned; District Judge was not correct in law to dismiss the prosecution on the stated basis.
Legal Topics
Drink Driving, Procedural Requirements for Roadside Breath Tests, Formation of Garda Opinion, Summary Jurisdiction
Criminal Law Road Traffic Law Drink Driving Procedural Requirements for Roadside Breath Tests Formation of Garda Opinion Summary Jurisdiction

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Parties

The Director of Public Prosecutions (at the suit of Garda Eimhin Matthews)

Prosecutor/applicant

Ion Feghiu

Accused/respondent

Procedural Posture

Case Stated (criminal Appeal) / High Court Review of District Court Decision

Legal Issues

  1. 1 Whether a Garda is legally required to conduct a 20-minute observation period before administering a roadside breath test under the Road Traffic Act, 2010

Ratio Decidendi

A Garda is not legally obliged to conduct a 20-minute observation period before administering a roadside breath test; the absence of such an observation does not invalidate the prosecution for drink driving under the Road Traffic Act, 2010.

Court Disposition

District Judge's decision overturned; District Judge was not correct in law to dismiss the prosecution on the stated basis.