September sees 19 killed on State's roads

The number of road deaths for September is likely to be one of the lowest monthly totals this decade.

So far this month, 19 people have died in crashes. In August, 17 people died on the roads.

The number of people killed in road crashes this year to date is up at 276, compared with 277 for the same period last year.

A sharp drop in deaths followed the introduction of an expanded list of penalty point offences and mandatory alcohol testing at the end of July.

Under this legislation, the number of drivers tested for drink-driving has soared, and up to 6,000 motorists are tested at checkpoints around the State every weekend.

However, it was revealed this morning that the Department of Transport is to bring amending legislation to the Dáil next week to correct a typing error in the Road Traffic Act 2006.

Legal sources have said that the means drivers who refuse to give a breath sample at a checkpoint are unlikely to be successfully prosecuted for drink-driving.

This does not prevent gardaí from demanding specimens from those arrested under other road traffic law provisions. It relates only to drivers arrested for failing to give a mandatory breath specimen.

In a statement today, the Department said: "While it would ultimately be a matter for the courts in any relevant case brought before them to determine whether the typographical error did or did not negate the clear intention of the Oireachtas in enacting the relevant provisions of the 2006 Act, to remove any such uncertainty the Department moved to correct the error and copperfasten the legislation".

The statement goes on to state that under existing legislation, a person arrested for drink driving can be required to provide a breath, blood or urine sample in a Garda station for evidential purposes.