| |
PART 4
Intoxicated Driving Offences - Obligation to Provide Oral Fluid
|
|
|
|
Amendment of section 9 of Act of 2010
|
| |
12. Section 9 of the Act of 2010 is amended—
|
|
| |
(a) in subsection (2A), by the substitution of “A member of the Garda Síochána shall, unless he or she is of opinion that the person should be arrested and subject to subsections (6) and (7), require a person to whom paragraph (a) or (d) of subsection (1) applies, and may require a person to whom paragraph (b) or (c) of that subsection applies” for “A member of the Garda Síochána may require a person referred to in subsection (1)”,
|
|
| |
(b) by the insertion of the following subsection after subsection (2B):
|
|
| |
“(2C) Where a member of the Garda Síochána, under subsection (2A), requires a person to provide a specimen of oral fluid from his or her mouth, the member shall require the person to remain at a place (including a vehicle) at or in the vicinity of the public place concerned (for a period that does not exceed 30 minutes after the provision of the specimen) until the apparatus referred to in subsection (2A) indicates the presence or absence of drugs in the specimen.”,
|
|
| |
(c) in subsection (6), by the substitution of “a requirement under subsection (2), (2A) or (2C)” for “a requirement under subsection (2)”, and
|
|
| |
(d) in subsection (7), by the substitution of “a requirement under subsection (2), (2A) or (2C)” for “a requirement under subsection (2)”.
|
