Use fines to free courts, urges RSA

The Road Safety Authority (RSA) has asked the Minister for Transport Martin Cullen to fast-track the introduction of administrative disqualifications for drink-driving so as to reduce pressures on the courts.

In a letter to the Minister, the RSA also asked for a progress report on its proposal to establish a dedicated court for drink-driving offences.

Legislation passed last July - to bring in random breath testing - included a provision for drivers testing positive for a blood alcohol level of between 80 to 100mg per 100ml to pay a fine and accept a six-month driving disqualification, rather than go to court.

This option is only available to first-time offenders and gave them the opportunity to accept the reduced ban and a €300 fine rather than face a one-year disqualification on conviction in court.

However, this provision has yet to be introduced, more than six months after the Act was passed, because of problems updating the Garda Pulse computer system.

As a result, every motorist charged with drink-driving is brought before the courts.

Responding to a recent parliamentary question on the problem, Mr Cullen said: "The implementation of that section (five) requires necessary administrative and enforcement preparations, including adjustments to the Garda Fixed Charge Processing and IT systems and the testing of those systems."

As a result, said Mr Cullen, it is not possible to introduce these fines yet.

The administrative bans were designed to offset the anticipated large increase in drink driving cases coming before the courts following the introduction of random breath testing.

Noel Brett, head of the RSA, told The Irish Times that the authority was "keen to see that section of the legislation introduced. It is going to be a very important provision".

"An Garda have to configure their system, as they have done with any of the new penalty point offences, and we hope it will be place soon. He [Mr Cullen] was unable to give a timescale for when it would be introduced."

Initial figures from An Garda suggest that, during the first five months of random breath testing, the numbers arrested for drink-driving had increased by almost a third.

To counter the anticipated increase in road traffic cases before the courts, the RSA has also recommended setting up a dedicated court in Dublin to hear drink- and drug-driving cases.

According to the RSA, such a court would cut waiting times for drivers being prosecuted and would also cut time prosecuting gardaí are required to spend in court waiting for cases to be called.

The Departments of Justice and Transport are currently discussing the RSA proposal. The Minister for Justice Michael McDowell has received an initial report on the initiative from the Courts Services.

Fine Gael spokeswoman on Transport, Olivia Mitchell, said unless the issue is dealt with quickly, the courts system faced a possible "meltdown".

"Last Thursday, 300 speeding cases were struck out of Dublin District Court because a judge was not available," she said.

"Even before the introduction of mandatory alcohol testing, we have seen cases being struck out due to the unavailability of judges or because the statute of limitations kicks in before the cases get to court."

Deputy Mitchell said the annual number of drink-driving prosecutions before the courts was likely to double due to random testing, and that this level of cases would "swamp the courts".

Another consequence of forcing drivers marginally over the blood alcohol limit in to the courts system was that if the overcrowding caused severe delays leading to cases being struck out "more serious offenders get off scot-free," Ms Mitchell said.