Court of Appeal overturns breathalyser ruling

Court of Appeal overturns breathalyser ruling

The Court of Appeal has overturned the High Court’s ruling that a breathalyser test result is not valid unless the statement is issued by the breathalysing machine in both the English and Irish languages.

The Evidenzer machines in Garda stations were typically only used to issue statements in English.

Emergency legislation to make the monolingual test results valid was passed last year after the court identified the legal loophole, but it did not have a retrospective effect.

Around 1,400 prosecutions that were put on hold after the High Court ruling can now go ahead following the successful appeal.

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