Car accident and breathalysing

Steviewinger

Hi,

If there is a bad car crash and both drivers are badly injured, two ambulances required. Is it legally the duty of the Gardai to breathalyse both drivers. And if one cannot be breathalysed at the scene I think I read somewhere that a blood sample should be taken at the hospital. Thanks

Lmklad

Steviewinger wrote: »

Hi,

If there is a bad car crash and both drivers are badly injured, two ambulances required. Is it legally the duty of the Gardai to breathalyse both drivers. And if one cannot be breathalysed at the scene I think I read somewhere that a blood sample should be taken at the hospital. Thanks

Breath samples should be taken if able. If not blood samples may be taken at the hospital only if the drivers doctor permits and the Gardai are able to avail of a prescribed doctor to take the sample with 3hrs of the incident occurring.

Telly

My friend was in a bad accident. He walked away from it but it was still bad damage car wise and the guards didnt breathalyze him even tho someone was hurt and they were at the scene.

Steviewinger

Lmklad wrote: »

Breath samples should be taken if able. If not blood samples may be taken at the hospital only if the drivers doctor permits and the Gardai are able to avail of a prescribed doctor to take the sample with 3hrs of the incident occurring.

I was breathalysed other driver not. Gardai feel I have a case to answer for careless driving. I think they have a case to answer for not breathalysing other driver. They could have been drunk. I wonder if I can get it dismissed on those grounds.

NUTLEY BOY

Steviewinger wrote: »

I was breathalysed other driver not. Gardai feel I have a case to answer for careless driving. I think they have a case to answer for not breathalysing other driver. They could have been drunk. I wonder if I can get it dismissed on those grounds.

I would not think so.

Gardai were entitled to test you in your own right.
That right is not contingent upon anything else except proper compliance with lawful practice and procedures.

What you argue is like being stopped for speeding and whilst the Gardai are dealing with you 10 motorists whiz past well in excess of the speed limit.
The tu quoque argument does not work.

Steviewinger

NUTLEY BOY wrote: »

I would not think so.

Gardai were entitled to test you in your own right.
That right is not contingent upon anything else except proper compliance with lawful practice and procedures.

What you argue is like being stopped for f the speeding and whilst the Gardai are dealing with you 10 motorists whiz past well in excess of the speed limit.
The tu quoque argument does not work.

Interesting, and I understand what you are saying. My reading of the legalities with regards breathaysing is that the Gardai must take a breath sample from both injured parties. This did not happen in the case I mentioned.

bladespin

Steviewinger wrote: »

Interesting, and I understand what you are saying. My reading of the legalities with regards breathaysing is that the Gardai must take a breath sample from both injured parties. This did not happen in the case I mentioned.

Was the other party injured?

Steviewinger

bladespin wrote: »

Was the other party injured?

Yes so was I

micar

Steviewinger wrote: »

Gardai feel I have a case to answer for careless driving.

Are they correct? Did you cause the accident?

It seems you are looking for something to try and weasel your way out if it.

Your original post seemed hypothetical but your subsequent post explains that the accident occurred.

baldshin

If there is a collision with injuries, Gardai must test all drivers involved. If there are no injuries, they may test drivers. So both drivers in your scenario should have been tested. The other driver not being tested likely won't have any effect on any charges against you though.

bladespin

Steviewinger wrote: »

Yes so was I

Were they taken to hospital? possible a blood test was to be carried out there instead.

Hope you’re ok btw.

Del2005

Steviewinger wrote: »

I was breathalysed other driver not. Gardai feel I have a case to answer for careless driving. I think they have a case to answer for not breathalysing other driver. They could have been drunk. I wonder if I can get it dismissed on those grounds.

Even if the other driver was DUI you can still be prosecuted careless driving, their condition has no affect on your driving or what you get charged with.

Wailin

Del2005 wrote: »

Even if the other driver was DUI you can still be prosecuted careless driving, their condition has no affect on your driving or what you get charged with.

^^^ What nonsense.

Peregrinus

No, it's completely correct. Whether you have or have not been driving carelessly depends on how you have been driving, not on whether someone else was fit to drive.