Road Traffic Act, 1961
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Being in charge of mechanically propelled vehicle while under influence of intoxicating liquor or drug. |
50.—(1) In this section “unfit to drive” means under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of a mechanically propelled vehicle. | |
(2) A person who, when in charge of a mechanically propelled vehicle which is in a public place with intent to drive or attempt to drive the vehicle, but not driving or attempting to drive the vehicle, is unfit to drive the vehicle shall be guilty of an offence. | ||
(3) A person who is guilty of an offence under this section shall be liable on summary conviction, in the case of a first offence, to a fine not exceeding twenty pounds or at the discretion of the court, to imprisonment for any term not exceeding one month or to both such fine and such imprisonment and, in the case of a second or any subsequent offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment. | ||
(4) In a prosecution for an offence under this section, it shall be presumed, until the defendant shows— | ||
(a) that at the material time the circumstances were such that there was no likelihood of his driving the mechanically propelled vehicle so long as he remained unfit to drive, and | ||
(b) that between his becoming unfit to drive and the material time he had not driven the mechanically propelled vehicle in a public place, | ||
that he intended to drive or attempt to drive the mechanically propelled vehicle. | ||
(5) A person liable to be charged with an offence under this section shall not, by reference to the same occurrence, be liable to be charged under section 12 of the Licensing Act, 1872 , with the offence of being drunk while in charge, on a highway or other public place, of a carriage. | ||
(6) Where a member of the Garda Síochána is of opinion that a person is committing or has committed an offence under this section, he may arrest the person without warrant. | ||
(7) Where a person convicted of an offence under this section has been previously convicted of an offence under section 49 of this Act or under section 30 of the repealed Act, he shall be treated for the purposes of this section as having been previously convicted of an offence under this section. |