Drink drive charge is dismissed

SOME of the finer points of drink drive law were explored during a lengthy hearing at Wexford District Court before the prosecution of a 21-yearold motorist was dismissed by Judge Brian O’Shea.

Accused Niamh Walsh of 7 Cluain Aitainn, Bree, was found in The Faythe at the wheel of a Honda Civic in the early hours of February 19 by Garda Eddie Nolan, the court was told.

She came to his attention as she was driving with headlights switched off and she failed a roadside breath test.

A blood sample taken by Doctor Stephen Bowe after her arrest suggested that she was over the legal driving limit for alcohol.

Defending solicitor Gerry Flynn argued that no evidence had been given to the court of the garda forming an opinion that an offence was being committed.

He pointed out too that his client was not given a formal legal caution before her arrest.

And he insisted there was no evidence either that Ms Walsh was given an explanation as to why she was being arrested.

After checking the relevant case law, Judge O’Shea held against the New Ross based lawyer, quoting a ruling by an appeal court judge that ‘common sense must always be applied to the evidence’.

Mr Flynn turned out to be on more fertile ground when he explored the legal power used by the garda to require the defendant to provide the roadside breath sample.

It was agreed that the requirement was made under section 9.1 of the relevant legislation.

The issue was whether Garda Nolan had invoked 9.1 (a) or 9.1 (b).

One of these two sub-sections relates to a suspect’s manner of driving and the other to evidence that an intoxicant has been consumed.

The judge ruled that the evidence in this regard was contradictory, dismissing the charge.