Case No. 2107Driving with excess alcohol · Co. Tipperary
Landmark ruling allows drink driving defendants to inspect breathalyser machines
Circuit Court Judge Catherine Staines ruled at Clonmel Circuit Court that a man appealing his July 2023 District Court conviction for driving with excess alcohol must be permitted to inspect the Evidenser breathalyser machine used to prosecute him, setting a precedent for all future drink driving cases.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court12 Mar
- Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports6 statements extracted from the articles
- whatThe man's breath alcohol concentration was recorded at 66 micrograms per 100 millilitres, three times over the legal limit of 22 micrograms. (irishtimes.com)
- whereThe breath test was recorded at Thurles Garda Station. (irishtimes.com)
- courtJudge Staines permitted inspection on grounds including fair procedures. (irishtimes.com)
- courtA 2016 Supreme Court decision, Oates v Browne, established that defendants must have the right to inspect the machine that analysed their breath. (irishtimes.com)
- courtThe EU Disclosure Directive 2012/13 entitles defendants to access all material evidence. (irishtimes.com)
- otherThe State opposed inspection on grounds including that it did not have permission to disclose the software under commercial agreements. (irishtimes.com)
The reporting
newest first- 12 Mar2025Landmark court ruling means alleged drink drivers can inspect breathalyser machines
Reports on a landmark Circuit Court ruling permitting inspection of Evidenser breathalyser hardware and software in drink driving cases, delivered in the context of a man's appeal against his July 2023 conviction.
convicted, male