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Home > 555. Deputy Patrick O’Donovan asked the Minister for Justice and Equality if a person is unable to provide a breath test due to medical ailment or reduced lung capacity during a random roadside inspection...[19862/12]

[Oireachtas] 555. Deputy Patrick O’Donovan asked the Minister for Justice and Equality if a person is unable to provide a breath test due to medical ailment or reduced lung capacity during a random roadside inspection...[19862/12]. (24 Apr 2012)

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555. Deputy Patrick O’Donovan asked the Minister for Justice and Equality if a person is unable to provide a breath test due to medical ailment or reduced lung capacity during a random roadside inspection, the authorities are then obliged to provide an opportunity for a blood or alcohol specimen to be taken; in the event of a person not being able to provide a roadside breath test due to reduced lung capacity, his views on whether that person has committed an offence; and if he will make a statement on the matter. [19862/12]

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will appreciate that it is not a matter for me to offer an interpretation of the law; particularly as it would apply in a specific case. However, I am informed by the Garda authorities that under section 4 of the Road Traffic Act 2006, a person who refuses or fails to comply with a requirement made at a mandatory alcohol testing checkpoint to provide a breath specimen is guilty of an offence, unless they have a reasonable excuse for failing or refusing to do so. In such instances where a reasonable excuse is provided, it falls upon the member of An Garda Síochána to form an opinion whether or not alcohol has been consumed. If the member forms the opinion that alcohol has been consumed he/she will arrest that person and bring the person to a Garda station where they will be required to provide a specimen of blood or urine.
 
Written Answers – Road Traffic Offences
Vol. 762 No. 3
Tuesday, 24 April 2012

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