Director of Public Prosecutions -v- Moran [2014] IEHC 341 (04 July 2014)

Director of Public Prosecutions -v- Moran [2014] IEHC 341 (04 July 2014)

Section 9(2) of the Road Traffic Act 2010 provides a clear exception to the mandatory roadside breath test where a Garda forms the opinion that a person should be arrested. In this case, the Garda reasonably formed such an opinion based on observable intoxication, making the roadside breath test unnecessary and the arrest lawful.

Citation
[2014] IEHC 341
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Darren Paul Lynch); Defendant: Colman Moran
Jurisdiction
Ireland
Judgment Date
04 July 2014
Procedural Posture
Case Stated (consultative) / High Court Judgment on Questions of Law
Outcome
Questions answered: Q1 No; Q2 Does not arise; Q3 Yes. Arrest lawful; prosecution sustained.
Legal Topics
Drink Driving, Breath Test Procedure, Statutory Interpretation
Criminal Law Road Traffic Law Drink Driving Breath Test Procedure Statutory Interpretation

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Parties

Director of Public Prosecutions (at the suit of Garda Darren Paul Lynch)

Prosecutor

Colman Moran

Defendant

Procedural Posture

Case Stated (consultative) / High Court Judgment on Questions of Law

Legal Issues

  1. 1 Is a roadside breath test always mandatory under section 9(2) of the Road Traffic Act 2010?
  2. 2 Can a prosecution under section 4 of the Road Traffic Act 2010 be sustained where no roadside breath test was administered?
  3. 3 Is an opinion formed under one section sufficient for another section's requirements?

Ratio Decidendi

Section 9(2) of the Road Traffic Act 2010 provides a clear exception to the mandatory roadside breath test where a Garda forms the opinion that a person should be arrested. In this case, the Garda reasonably formed such an opinion based on observable intoxication, making the roadside breath test unnecessary and the arrest lawful.

Court Disposition

Questions answered: Q1 No; Q2 Does not arise; Q3 Yes. Arrest lawful; prosecution sustained.

Orders

  • The evidential breath test evidence is admissible.
  • The prosecution under section 4 of the Road Traffic Act 2010 may proceed.