Seanad debates

Wednesday, 14 May 2003

I propose in the next couple of weeks, if I can clear some legal issues, to bring forward random testing by the Garda for alcohol. This is another initiative in the legislation which I am required to introduce. At present a person can only be tested for drink driving if a garda forms an opinion that he or she is under the influence of drink. The phrase, "forms an opinion", is highly charged from a legal point of view. If a garda formed a wrong opinion or failed to form an opinion, he or she would be in difficulty with the judge. The requirement that a garda form an opinion is one of the reasons our drink driving laws are under pressure and challenged. I propose to sign this regulation which means the Garda can test at random for motor offences. That is what the law currently states. A motor offence is anything from double parking to parking on double yellow lines to a broken tail light or a wiper which does not work.

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