The High Court has quashed a drug driving conviction where the Circuit Court found by implication that the arresting garda had formed the requisite opinion that the applicant had committed an offence under s. 4(1A) of the Road Traffic Act 2010. Delivering judgment for the High Court, Ms Justice Marg
Road Traffic Law
The High Court has found that gardaí did not have adequate regard to the An Garda Siochána Code when attempting a ‘compliant stop’ of a civilian vehicle which resulted in a collision. Delivering judgment for the High Court, Mr Justice Tony O’ Connor stated that &ldquo
Legislation aiming to improve road safety, including by closing a so-called loophole allowing some motorists to avoid a six-month driving ban, will be enacted as soon as possible following its approval by the Oireachtas.
The Court of Appeal has determined that personal injuries proceedings will remain discontinued as against the Motor Insurers’ Bureau of Ireland (MIBI) where a compromise was reached between the parties and where the plaintiff's ex parte application to set aside its notice of discontinuance was
JMK Solicitors has successfully appealed a decision of the Motor Insurers' Bureau (MIB) on behalf of a 20-year-old woman who was seriously injured after a road traffic accident in Downpatrick. The woman was the driver and sole occupant of her car and was on her way to work when she lost control on a
New road traffic legislation will close a so-called loophole allowing some motorists to avoid a six-month driving ban. The Road Traffic Bill 2023 aims to provide for penalty point reform, mandatory drug testing at the scene of serious collisions and safer speed limits.
Road traffic legislation should be urgently amended to close a so-called loophole which has helped some motorists avoid six-month driving bans, Fianna Fáil's justice spokesperson has said. Concerns have been raised about section 2.8 of the Road Traffic Act 2002 which provides: "Where, upon co
The High Court has confirmed that no power to detain a driver pending the result of a roadside saliva drug test can be implied into the Road Traffic Act 2010. Delivering judgment for the High Court, Mr Justice Garrett Simons found that “the fact that, within the very same Act, the Oireachtas h
Law firms Millar McCall Wylie and Paschal O'Hare Personal Injury Solicitors have come together with road safety charity Brake to offer specialist legal support to victims of bereavement and catastrophic injury following road crashes. The two firms have been selected for the new legal panel, co-ordin
The High Court has granted relief in judicial review of a decision of the District Court to reinstate driving charge following its spoken order dismissing the charge. Delivering judgment for the High Court, Mr Justice Barry O’Donnell determined that whilst the “breast of the court”
Ukrainian driving license holders will be able to continue driving in Northern Ireland under proposals put out to public consultation. The Department for Infrastructure is seeking views on a proposal to extend the length of time that a Ukrainian driving license holder is able to drive in Northern Ir
The use of speed detection cameras operating on Irish roads is to increase by 20 per cent following the allocation of an additional €1.2 million in funding. The extra €1.2m for GoSafe, which provides and operates safety cameras in Ireland, follows an agreement between justice minister Hele
The Court of Appeal has upheld a four-year disqualification from driving for a man who killed a 50-year-old woman in a rear-ending collision. The woman had been the passenger in a car driven by her daughter at the time of the accident. Delivering judgment in the case, Mr Justice John Edwards held th
The Supreme Court has granted leave to appeal in a dispute involving the insurance liability for injuries sustained by an employee while operating a rubbish truck. The proceedings had developed as a special case to determine liability between two insurers of the truck. Delivering a determination in
A new fixed penalty notice of £100 and three penalty points has been introduced to help tackle careless driving in Northern Ireland. The new penalty has introduced by the Department for Infrastructure (DfI) through secondary legislation using its powers under Article 57(2) of the Road Traffic