D.P.P v. Curry [2002] IEHC 48 (14 March 2002)

D.P.P v. Curry [2002] IEHC 48 (14 March 2002)

It is legally permissible for the prosecution to rely on the Intoximeter EC/IR's deduction of 17% from the lower of two breath specimens for the purposes of Section 17 of the Road Traffic Act, 1994, and the resulting figure is admissible in court. Conviction may be based on such evidence.

Citation
[2002] IEHC 48
Parties
Prosecutor: Director of Public Prosecutions; Accused: Sheila Curry
Jurisdiction
Ireland
Judgment Date
14 March 2002
Procedural Posture
Case Stated (criminal) / High Court Opinion on Case Stated From District Court
Outcome
Questions answered in the affirmative; deduction and evidence admissible; conviction permissible on such basis.
Legal Topics
Drunk Driving, Breath Specimen Analysis, Interpretation of Road Traffic Act 1994, Admissibility of Breathalyser Evidence
Criminal Law Road Traffic Law Drunk Driving Breath Specimen Analysis Interpretation of Road Traffic Act 1994 Admissibility of Breathalyser Evidence

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Parties

Director of Public Prosecutions

Prosecutor

Sheila Curry

Accused

Procedural Posture

Case Stated (criminal) / High Court Opinion on Case Stated From District Court

Legal Issues

  1. 1 Whether deduction of 17% from breathalyser readings is legally permissible under Section 17 of the Road Traffic Act, 1994
  2. 2 Whether the figure calculated by the Intoximeter EC/IR after deduction is admissible in court
  3. 3 Whether a conviction can be based on the evidence as presented

Ratio Decidendi

It is legally permissible for the prosecution to rely on the Intoximeter EC/IR's deduction of 17% from the lower of two breath specimens for the purposes of Section 17 of the Road Traffic Act, 1994, and the resulting figure is admissible in court. Conviction may be based on such evidence.

Court Disposition

Questions answered in the affirmative; deduction and evidence admissible; conviction permissible on such basis.