Meta Description: Discover how medical and technical defences can help dismiss drink driving cases in Ireland. Analysis of real cases involving specimen collection, hospital procedures, and technical requirements.
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The Wrong Doctor Case
Specimen Collection Issues
The 20-Minute Rule
What This Means for You.
The Wrong Doctor Case: A Landmark Decision {#wrong-doctor}
In May 2022, a case at Clonmel District Court demonstrated how crucial medical procedures are in drink driving cases. Despite a blood/alcohol reading of 305 (over six times the legal limit of 50), the case was dismissed.
Here's what happened:
The Incident
Car crashed and landed on its roof on Dillon Street, Clonmel.
Extensive damage to the vehicle and two parked cars
Driver admitted drinking "two bottles of wine"
Blood/alcohol level was 305 (legal limit: 50)
The Hospital Procedure
Driver taken to Tipperary University Hospital
Garda contacted 24 Doc for a designated doctor
On-duty doctor assessed the driver
Designated doctor arrived later
Blood specimen taken
Why It Was Dismissed
A Freedom of Information Act request revealed the driver "left the department before being seen by a Doctor" and "did not appear to have been treated by any doctor."
The case was dismissed as permission to seek a specimen had not been granted by the defendant’s treating doctor.
The Legal Principle
Section 14(1) of the Road Traffic Act 2010 requires:
Consultation with the treating doctor before taking specimens
Not just any doctor - must be the doctor actually treating the person
Read more: https://www.phoransolicitors.com/post/drink-driving-case-dismissed-as-wrong-doctor-took-blood-test
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Specimen Collection Issues {#specimens}
Another significant case highlighted crucial technical requirements around specimen collection:
The Case Details
Driver's reading was more than 4 times over the limit
Opted for blood specimen initially
Blood sample couldn't be taken as doctor could not locate a vein.
Required to provide urine instead
Case dismissed due to improper procedure
Key Legal Points
Blood specimens take precedence over urine
Need doctor's written statement if blood can't be taken
Proper warnings must be given
Correct procedures must be followed
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The 20-Minute Rule Case {#timing}
A case from Dun Laoghaire District Court reaffirmed important principles about timing:
Case Facts
Driver admitted drinking at pub
Stopped at checkpoint minutes later
Told Garda about recent drinking
Roadside breath test administered without proper waiting period
Legal Requirements
20 minutes must pass between last drink and breath test
Applies even at checkpoints
Gardaí must wait if they "know or have reason to suppose" drinking within the last 20 minutes.
What These Cases Mean For Your Case {#implications}
These real cases demonstrate that courts will dismiss drink driving charges when:
Medical procedures aren't properly followed
Specimen collection rules are breached
Timing requirements aren't met
Documentation is incomplete
Looking Ahead
In part 3 of the series, we’ll examine procedural defences in detail.
Keywords: drink driving blood test Ireland, breath test procedure Ireland, specimen requirements drunk driving, technical defence drink driving, medical defence drunk driving 2024
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