Drink-driving legislation - Error in crucial law is unacceptable

Much was made of the introduction of random breath-testing and its positive effects in cutting the level of drink driving on our roads.

It has had a salutary influence on drivers who hitherto were prone to drive after a few drinks, but unfortunately the legislation governing it has proven to be defective.

It transpires that because of as basic an error as a typing mistake, any driver who refused to be subjected to a mandatory breath-test, and not subsequently arrested, may not be prosecuted.

It seems that while the driver can be prosecuted for refusing such a test, he or she cannot then be compelled to give a sample which could be later used in a subsequent drink-driving prosecution, according to the law as it stands.

However, any driver who gave a roadside breath sample and was then arrested will not be able to take advantage of the legislative mistake.

Next week the Cabinet is to rush amending legislation in the Dáil to try to counteract the defect in the current legislation, as a result of which some drink drivers could possibly challenge their prosecution.

Mandatory alcohol testing was introduced because of persistent challenges to the Road Traffic Act (1961).

It is ludicrous that in amending this legislation, covering such a crucial area, it inadvertently created a loophole which could allow some guilty drivers to evade their deserved punishment.