A High Court judge has ruled the DPP was not required to produce evidence concerning calibration of a breath testing device to justify a garda’s decision to arrest a man for a suspected drink driving offence. A District Court judge referred legal issues to the High Court arising from the case of Kian McGuigan, of Main Street, Lisnaskea, Co Fermanagh. The District Court heard Mr McGuigan was stopped by gardaí about 4.27am and asked to take a breath test. The case concerned application of a breath test using the Drager Alcotest 5610 device, which can be set at two levels. Judge McLaughlin was satisfied the failed breath test was a “material” element leading to formation of the opinion to arrest the accused, she noted.

Source: The Irish Times February 07, 2020 14:26 UTC