Drink driving dismissal

A man accused of driving under the influence of alcohol had the case dismissed as the arrest was not lawful.

Peter O’Brien (57), 13 Oakton Park, Ballybrack, was accused of driving at Dublin Road, Bray, with 287 milligrams of alcohol per 100 millilitres of blood, on August 17 at 3.13 a.m.

Garda Brian Saunderson told Bray District Court last week that O’Brien was ‘driving erratically’ before being stopped. Solicitor Joe Maguire argued that no evidence was given of the arrest being made under section eight of the act. ‘Anything happening after that would have been tainted,’ he said.