Martin Cullen (Waterford, Fianna Fail)

The Deputy wants mandatory breath testing at the scene of an accident, but that would be impossible unless we were to place the Garda in a position in which it can never win in court. It should be noted that the Road Traffic Acts also place an obligation on a person to provide a blood or urine sample in a hospital. This is equally important and there is an absolute obligation on people to do this. This applies where an event occurs involving a vehicle which results in a person being injured or a person claiming or appearing to have been injured, where the person is admitted to or attends a hospital and a member of the Garda is of the opinion that at the time of the event the person had consumed an intoxicant. An intoxicant includes alcohol and drugs or any combination of alcohol and drugs.

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