Legal flaw in road traffic legislation blights roadside drug testing

Legal flaw in road traffic legislation blights roadside drug testing

Another legal flaw has been discovered in Irish road traffic legislation which means drivers who fail roadside drug tests cannot be required to provide a blood or urine sample, The Irish Times reports.

A memo recently circulated by An Garda Síochána’s legal department says that primary legislation will be needed to fix the error.

The error means gardaí do not have the power to take a blood or urine sample from a driver arrested for failing or refusing to take part in a roadside impairment test under the Road Traffic Act 2016.

Gardaí administered 612 roadside drug tests last year following the introduction of the relevant provisions of the 2016 Act.

A total of 90 motorists tested positive in the roadside checks.

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