Checkpoints

britvic55

Registered User
Messages
60
Is it factual that on a gardai checkpoint, gardai on duty must have the designated area signed off by no less a rank than inspector ? That specifies the time and area, that they have been allocated to set up checkpoint ?
 
yes under the Road Safety Act(s) but the time and area has been interpreted in the past to be up to a km of road and for a period of 7 days
 
I may be wrong but I think this stipulation refers only to the drunken driving legislation where Gardai can set up a checkpoint and brethalyse every motorist without having suspicion that they had consumed an intoxicant.

As regards any other offence there is nothing to stop Gardai doing a checkpoint
to check for car tax, seatbelts etc.
I have seen Gardai in court produce the Inspectors authorisation for dtunken driving prosecutions
Perhaps some of our legal eagles could confirm.
 
The 2006 act sets out the requirements for mandatory checkpoints, so they can test anyone at random at these checkpoints. The 2011 act extended Garda powers to test anyone they believe to be under the influence with no requirement for an official checkpoint.
 
The 2006 act sets out the requirements for mandatory checkpoints, so they can test anyone at random at these checkpoints. The 2011 act extended Garda powers to test anyone they believe to be under the influence with no requirement for an official checkpoint.
The difference therefore is without the Inspectors authorisation the Garda must have suspicion you are under the influence of an intoxicant. The grounds for this suspicion e.g. smell of alcohol, slurred speech can be tested by the defence.
With the Inspectors authorisation no suspicion is needed.
Am I right in this?

I was stopped twice at big organised checkpoints. In any case I think its a good idea. Stop and test 20. Within 24 hours they will have told at least 100 others.
 
With the Inspectors authorisation no suspicion is needed.
Am I right in this?

Yeah, there they have approval for random testing.

The grounds for this suspicion e.g. smell of alcohol, slurred speech can be tested by the defence.

I do wonder how successful you might be employing that defence if you were found to be over the limit. Your judgement would be regarded as impaired, so you might not be considered a reliable witness as to whether you gave the Gardai sufficient grounds to have suspicion... I plan never to have to test it :D
 
I don't have the case in front of me but there was a legal challenge in the last few years in the High Court about a MATS checkpoint.

A MATS checkpoint was in place.
The accused was stopped and breathalysed.
The accused failed the presumptive roadside test and was arrested.
The usual procedures then ensued.

Upon enquiry it was discovered that the MATS checkpoint in question had not been authorised by a Garda officer of the required seniority.
Therefore, the checkpoint was deemed not valid in law.
Therefore, evidence flowing from the MATS checkpoint was inadmissible.
Therefore, prosecution could not proceed.
 
But you need to have money to go to the High Court. District Court judges can make it up as they go.
 
It might have been this


Which then led to this and issue was seen as proper

 
Back
Top