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Thirst quencher

22nd July 2004, Page 38
22nd July 2004
Page 38
Page 38, 22nd July 2004 — Thirst quencher
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Most convicted Irish drink-drivers get their licences back early. However, all that is about to change. Brendan Nolan reports.

Irish drivers who take one drink too many will soon face a Iess convivial choice when stopped by gardai. Under proposed new drink-driving legislation they will have the option of paying a standard fine and accepting a six-month driving ban if they are no more than 25% over the limit. However, if they choose to go to court they risk a two-year disqualification and a larger fine. Drivers more than 25% over the limit will be automatically prosecuted.

The chance of reducing the disqualification term through a court appeal will be ended.

Under the proposals. drivers who are slightly over the limit will be offered the alternative. However, avoiding naming and shaming will not be an option since their names will be published in the state gazette, iris 0001. The legal limit is currently 80mg/lit and the new regulations may see the standard fine and ban being offered to drivers with up to 100mg/lit in their blood.

An updated Road Traffic Act will be passed by the D' ail before its summer recess and implementation will be enacted by ministerial order. However, a driver's right of appeal to a higher court against conviction for drink-driving will not be affected by the changes.

Transport Minister Seamus Brennan TD has said he will end special pleading by solicitors for drivers already banned because he wants the bans to run for their full term.

"It is simply unacceptable that the majority of those convicted in court of drink-driving can have their period of disqualification halved," he says. "Slaughter on the roads must stop. People have to work hard to get a driving licence and it is important that they protect it.If acourt decides that they should lose it, then it is important that any sen tence the court hands down be fully observed."

The minister is taking advice from the office of the Attorney General on the wording of the changes, which affect primary legislation.As the law stands a driver who pleads guilty to a drinkdriving charge may ask for his sentence to he postponed where special circumstances apply.

A driver on a two-year ban can ask the court to have the disqualification term reduced in special circumstances. 'Circumstances' can include needing a driving licence for work, such as truck driving, or for a pressing family need.

However, the licence would be endorsed, and the fine must have been paid, for any reduction to be allowed. In the UK a convicted driver can go through the courts and get up to 25% off a disqualification upon successful completion of an approved alcohol awareness course. A three-year ban can be reduced by up to nine months at the court's discretion. A court can decide to award just six months' disqualification, which is the minimum ban allowed. The course has to be for a minimum of 16 hours training and sessions must be spread over two weeks.

No such course alternative exists in Ireland. At present, gardai must form the opinion that a driver has been drinking before asking that a breath or urine test be taken. Under new powers gardai will be allowed to conduct random breath-testing of drivers. About 12,000 breath tests a year are conducted by patrolling police; this will increase testing to 450,000 a year over three years, once the legislation is changed.

The operation of speed cameras is to be privatised and gardai engaged on this duty will be freed for drink-driving detection. The 2004 Road Safety Act will introduce other changes These include the reform of provisional licence use, and an increased use of speed cameras allied with a change in speed limits to metric signage. Going metric will require some roundingoff adjustments to speed limits. •

CONTACTS

Irish laws online: www.irishstatutehook.ie Ireland Department of Transport wwwiransport. ie Ireland Department of Justice:www.justice.ie UK Department for Transport: www.dtt.gov.uk


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