Incomplete medical cert wins drink-driving appeal

A WOMAN had a charge of driving with excess alcohol dismissed at Killarney Circuit Court after her barrister, Richard Liston, argued that the medical cert had not been completed correctly.

The certificate did not indicate what type of sample was taken from the defendant, the court heard.

Noreen O’Shea with an address at Dromin, Fossa, was charged with driving with excess alcohol on November 16, 2017 after she was stopped by gardaí when she crossed over a white line.

The court heard that she was stopped by gardaí who found her to have slurred speech and there was a smell of alcohol.

A roadside breath test was attempted but Ms O’Shea was unable to do this. She was subsequently arrested on suspicion of driving with excess alcohol and conveyed to

Killarney Garda Station. Mr Liston argued that as Ms O’Shea had not undertaken the breatalyser test, Gardaí had not got extra information to back up their arrest of Ms O’Shea on the suspicion of driving with excess alcohol.

“You had no additional information but now formed the opinion to allow an arrest,” said Mr Liston.

“You required further information but you didn’t get it but you decided to effect an arrest. If you didn’t have enough information to that point, how then did he (Garda Twomey) have enough information,” argued Mr Liston.

He also queried why she had not been arrested for not providing a sample as required. Mr Liston further argued that the medical cert did not state what sample was taken. In direct evidence Garda Twomey told the court that the Doctor was called to Killarney Garda Station and a blood sample was taken. Dr Michael O’Doherty backed up this in direct evidence and said that he divided the sample in two and has offered the defendant one for her own use.

When queried by Judge O’Donohoe he said he did not know how it was missed but he admitted there was a blank space. Mr Liston said there was a ‘presumption’ attached to the missing line and that Dr O’Doherty’s evidence only related to the cert that was sent off and not to the one returned from the medical bureau. Judge O’Donohoe held that gardaí did not have to form an opinion immediately and that the road-side test is not vital but to be on the safe side. However, he said case law existed around the medical bureau cert and he would allow the appeal therefore Ms O’Shea’s conviction from the district court was overturned. She had been disqualfied from driving and fined but appealed this to the Circuit Court.