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Dáil Éireann díospóireacht -
Tuesday, 14 Dec 1993

Vol. 437 No. 2

Written Answers. - Blood Specimens Court Decision.

Jim Higgins

Ceist:

81 Mr. J. Higgins asked the Minister for Justice if there have been any court decisions handed down authorising the amending of the name on a blood specimen in connection with drink driving offences; if so, the courts in which such a decision was given; and if she will make a statement on the matter.

I am advised that a District Judge has the authority to convict when evidence is submitted to show that the person who provided a specimen is the person referred to on the Medical Bureau of Road Safety certificate containing the result of the examination, even though the name on the certificate is incorrect due to clerical error. The basis in law for this is a case stated to the High Court on 2 July, 1984 (DPP v. John Cullen).

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