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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice.
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Can the Gardai breathalise a driver in a car-park that is on

Customer Question

Can the Gardai breathalise a driver in a car-park that is on private property.If they do,can a prosecution follow,even though the driver was not driving on a public road
Submitted: 3 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

I was parked in a shopping-centre car park.Gardai approached when I started my engine.I was arrested and brought to the barracks.I was processed for drink-driving.I didn't get readings but assume a high illegal reading.At no stage was I driving or on the public road.The car-park is open to the public but is private property.Can a drink-driving case be successfully prosecuted by the Gardai or do I have good grounds for defence?

Expert:  Jo C. replied 3 years ago.
I'm sorry for the delay. I was offline

I am sorry but its bad news

I'm afraid that the road traffic act applies to a road or public place. Car parks during the hours of operation are certainly public places.

There has been consideration by the court of appeal over car parks that are outside of the hours of operation and basically unless the public are actually excluded they are still public places.

I'm very sorry.

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