Non Irish Speaking Romanian Challenges DUI Laws on Irish Grounds!

[The Libertarian]

Let me preface this by saying that I regard drink driving offences are serious!

A Romanian chancer is out Paddying us by challenging his arrest for suspected drunk driving because he was not given instructions in the primary legal language of the state, Irish, a language which btw , he cannot speak!
This has led to other serious cases wrt to drunk driving been put on hold!
Personally, I hope this clown gets deported, never to be let back!

HUNDREDS of cases of alleged drink-driving have been adjourned in district courts over a legal challenge brought by a Romanian national who was not given details of a breath test in Irish.

Case records show that although Mr Avandenei had good English, an interpreter was provided.

A subsequent breath test carried out by Gda Colm McCluskey gave a reading of 52 microgrammes of alcohol per 100ml of breath. The drink-drive limit is 22 microgrammes.

Gda McCluskey and Mr Avandenei both signed the computer print-out.

Mr Avandenei was charged with drink-driving and released on bail.

He appeared before Dublin District Court last July, when his solicitor Michael Staines argued that he should have been given a read-out of his breath test from the intoxlyser machine in both Irish and English.

Mr Staines said the print-out submitted to the court was not a duly completed statement within the meaning of the 2010 Road Traffic Act as it was only in English.

He submitted that the rules providing for the form of such statements required them to be in English and Irish.

Therefore, he argued, the document was not a duly completed statement and not admissible in evidence.

In a submission to the High Court, Judge Gibbons said he sided with the accused in the case, but asked for a ruling from the higher court.

http://www.herald.ie/news/drinkdrive...-31105986.html

[warmcome]

If this man's rights were violated...

[The Libertarian]

If this man's rights were violated...

If he was drunk driving what about everyone else's right to life for example!
A chancer acting the bollocks readily enabled by a sleemheen profession!

[warmcome]

If he was drunk driving what about everyone else's right to life for example!
A chancer acting the bollocks readily enabled by a sleemheen profession!

That would be unethical, whereas this is law.

[justfrank44]

Let me preface this by saying that I regard drink driving offences are serious!

A Romanian chancer is out Paddying us by challenging his arrest for suspected drunk driving because he was not given instructions in the primary legal language of the state, Irish, a language which btw , he cannot speak!
This has led to other serious cases wrt to drunk driving been put on hold!
Personally, I hope this clown gets deported, never to be let back!

HUNDREDS of cases of alleged drink-driving have been adjourned in district courts over a legal challenge brought by a Romanian national who was not given details of a breath test in Irish.

Case records show that although Mr Avandenei had good English, an interpreter was provided.

A subsequent breath test carried out by Gda Colm McCluskey gave a reading of 52 microgrammes of alcohol per 100ml of breath. The drink-drive limit is 22 microgrammes.

Gda McCluskey and Mr Avandenei both signed the computer print-out.

Mr Avandenei was charged with drink-driving and released on bail.

He appeared before Dublin District Court last July, when his solicitor Michael Staines argued that he should have been given a read-out of his breath test from the intoxlyser machine in both Irish and English.

Mr Staines said the print-out submitted to the court was not a duly completed statement within the meaning of the 2010 Road Traffic Act as it was only in English.

He submitted that the rules providing for the form of such statements required them to be in English and Irish.

Therefore, he argued, the document was not a duly completed statement and not admissible in evidence.

In a submission to the High Court, Judge Gibbons said he sided with the accused in the case, but asked for a ruling from the higher court.

http://www.herald.ie/news/drinkdrive...-31105986.html

Stupid comment. If you read the story, it was the inability of the gardi to do his job properly that has led to this, and it was the solicitor who found the mistake, not the romanian.Yes he should be punished for drink driving, but if the forces of law and order are not doing their job as they should, you can hardly blame the defendant for using it.
"Gda McCluskey, who is trained in the use of the apparatus referred to in the Act, stated that the device could produce an S13 statement in both English and Irish," said the judge. You forgot to post this bit by the way.
Shoddy police work to say the least.

[The Libertarian]

Stupid comment. If you read the story, it was the inability of the gardi to do his job properly that has led to this, and it was the solicitor who found the mistake, not the romanian.Yes he should be punished for drink driving, but if the forces of law and order are not doing their job as they should, you can hardly blame the defendant for using it.
"Gda McCluskey, who is trained in the use of the apparatus referred to in the Act, stated that the device could produce an S13 statement in both English and Irish," said the judge. You forgot to post this bit by the way.
Shoddy police work to say the least.

I would only accept your comment on my comment re deportation if he was likely to continue his alleged drunk driving there posing a risk to ordinary decent Romanians, in which case the solution is to give him some porridge here, to put manners on him!

[justfrank44]

I would only accept your comment on my comment re deportation if he was likely to continue his alleged drunk driving there posing a risk to ordinary decent Romanians, in which case the solution is to give him some porridge here, to put manners on him!

Why highlight the case of a romanian, drunk driver , when we have plenty of natives who have been guilty of the same and more for years.The point of the story in the paper was that, because of the failure of the guard involved to provide evidence in both english and Irish, as he should have, the case is now on hold as are others. The failure of the guard/guards to do their job properly is allowing these drink drivers the chance to do the same thing again. Yes, I think all drink drivers should be punished, but deportion is more of a punishment than local offenders recieve ( presuming that the driver in question is fined and/or imprisoned). All should recieve the same penalty. The article is in danger of being racist.

[The Libertarian]

Why highlight the case of a romanian, drunk driver , when we have plenty of natives who have been guilty of the same and more for years.The point of the story in the paper was that, because of the failure of the guard involved to provide evidence in both english and Irish, as he should have, the case is now on hold as are others. The failure of the guard/guards to do their job properly is allowing these drink drivers the chance to do the same thing again. Yes, I think all drink drivers should be punished, but deportion is more of a punishment than local offenders recieve ( presuming that the driver in question is fined and/or imprisoned). All should recieve the same penalty. The article is in danger of being racist.

I can guarantee you, I owe as they say, nobody, nothin!

[TonyB]

The law is idiotic.
There is nobody in this country that cannot speak English and can only speak irish.
It is preposterous that anyone can evade prosecution because they weren't informed in Irish.

[justfrank44]

I can guarantee you, I owe as they say, nobody, nothin!

No idea what you are talking about here

The law is idiotic.
There is nobody in this country that cannot speak English and can only speak irish.
It is preposterous that anyone can evade prosecution because they weren't informed in Irish.

It is what it is, I only wonder if they will change the law because of this.