UP UNTIL July 2006, gardaí had to "form an impression" that someone may have been driving while intoxicated before asking them to take a breath test. However, with the Road Traffic Act of that year, they were empowered to stop drivers at random.
Legal sources believe it is unlikely many others will benefit from yesterday's High Court ruling because gardaí in this case did not follow the standard procedure of securing written authorisation for the checkpoint.
Under section 4 of the Act, a member of the Garda Síochána, not below the rank of inspector, must authorise in writing the establishment of a checkpoint for mandatory breath testing. That written authorisation, the Act makes clear, must specify the date and the location of the checkpoint, and the hours between which it may be operated.
Citing the Act, Mr Justice Iarfhlaith O'Neill said oral authorisation to mount a random breath test was not sufficient because written approval was an "essential feature" of the law.
The Garda Press Office could not comment on the ruling yesterday.