Road safety laws face legal challenges
It could result in thousands of motorists who are facing drink-driving charges being handed down lesser fines and penalties than envisaged by the authorities.
The High Court has been asked to rule on whether the Road Traffic Act 2006 can be applied retrospectively to people charged with drink-driving offences before the law was enacted.
A district court judge has asked the High Court for clarification on the issue following a hearing of a drink-driving case in Claremorris District Court last week. Judge Geoffrey Browne referred the matter to the High Court following a legal challenge by solicitor Evan O’Dwyer, who was acting for two clients in drink-driving cases.
The Road Traffic Act 2006, which was signed into law last month by Transport Minister Martin Cullen, increases the minimum period of disqualification for drink-driving offences from three months to one year.
Under the legislation, motorists convicted of drink driving must also serve 12 months of disqualification before they can reapply to the courts to have their driving licence restored, compared to the previous term of six months.
However, legal experts have raised doubts about whether the new law can be applied retrospectively to offences committed before its enactment on March 5 last.
Judge Browne said he was satisfied “there appeared to be a retrospective effect for an act which does not specifically permit retrospectivity”.
Another solicitor, Eugene Carey, has also questioned the constitutionality of the legislation because of doubt surrounding the issue of applying it retrospectively.
It is expected that thousands of drink-driving cases coming before the courts will be put on hold pending the outcome of the High Court ruling.
The issue is set to become the latest setback for the implementation of strict anti-drink driving legislation following a series of legal challenges to breathalyser equipment.
Gardaí have repeatedly expressed frustration that drink-driving laws are the most challenged type of legislation.
Recent figures show that an average of about 400 people are arrested each week on suspicion of drink driving.
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