Attorney General v Hollingsworth
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1973 |
| Date | 01 January 1973 |
| Court | Supreme Court |
Blood sample - Whether specimen tube stopped in accordance with regulations - Road Traffic Act, 1968 (Part V) Regulations, 1969 (S.I. No. 196), Art. 8 (3) (d) - Road Traffic Act, 1961 (No. 24), s. 49.
Regulations made pursuant to the Act of 1961 provided for the procedure to be adopted when taking a sample of a driver's blood preparatory to testing the sample for its alcoholic content. Article 8 of the regulations provided that a medical practitioner should eject the blood from the syringe into the blood specimen tube and then "stop the tube with the stopper provided". Article 2 of the regulations provided that "in the regulations 'stopper' includes a screw-top or similar device to seal a specimen tube and 'stop' shall be construed accordingly". The defendant was charged with the offence of driving a vehicle with an unauthorised level of alcohol in his blood. At the trial in the District Courtit was established that a doctor had taken a sample of the defendant's blood...
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