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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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I have recently been charged with a drink driving offence in

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I have recently been charged with a drink driving offence in Ireland..Is it usual to be breathalysed in one Garda station & charged in a different station..If it is usual, is it also legal?

Buachaill :

1. At the outset, there is no requirement that you have to be both breathalysed and charged in the same Garda station. It is very common for the charging of offences to take place in a different location to pre-charging events such as questioning and breathalysing. Just because you have been breathalysed in one station does not mean that you have to be charged in that station. The Gardai are not limited in law as to where they must charge the offender. Accordingly, there are no grounds for judicial review of a Summons where you were charged in a different station. This might be unusual, but it is not unlawful.

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