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GAZETTE
SEPTEMBER 1990
7. De f ence Perspective
From a Defence point of view
there is an obvious corollory
position but it presents more
difficulty for the Defence than
the prosecution. This is be-
cause the assimilative speed
with which alcohol is assimila-
ted is greater than the exit
curve that arises. No doubt it
would be possible to get expert
evidence to show what the
assimilative capacity is, as
such a defence may arise
where a defendant wishes to
say that his blood alcohol level
would have been below the
legal limit but for the length of
delay in taking the sample/
specimen. The writer is not
aware that such a defence has
been raised to date and as
stated there would be obvious
difficulties in proving it but it
should not be impossible.
•
* Robert Pierse, Solicitor, is the
author of
The Law of Road Traffic
in the Republic of Ireland,
published
in 1989 by Butterworth (Irl.) Ltd.
Cost £29.50.
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A REFERENCE GU I DE
TO ANATOMY
A fully cross referenced pocket guide to anatomy
written for
S o l i c i t o r s a n d
B a r r i s t e r s
dealing with personal injury
Published
by:
Colin G. Goggin & Associates Limited,
80 Beechpark Road,
Foxrock,
Dublin 18.
Price £8.00 inc. P .& P.
255