A 33 year old man who failed a roadside drug test after he was caught speeding on the M1, has had his case struck out at Dundalk District Court, over issues with a form filled out by a doctor who had taken a blood sample from him in Drogheda garda station
Mark Madine with an address at Glenvale Road, Newry had contested a charge of drug driving at Whiterath on February 20th last year.
A garda gave evidence last Wednesday of conducting a speed check at Whiterath, Castlebellingham and detecting the defendant travelling in a Citroen Berlingo van at 154 kilometres an hour where an 120 kph speed limit applies.
After stopping him and speaking to him, the garda said he made a requirement of Mr. Madine to provide saliva for a roadside drug test, which tested positive for cannabis and was negative for all other drugs.
Mr. Madine was arrested and taken to Drogheda Garda Station where a Doctor took a blood sample, which was positive for cannabis.
However, the court heard the medic filled in the wrong name on the form.
The investigating Garda said that the accused was the only person he had arrested and taken to Drogheda Garda Station that day, and he could link the defendant to the time frame in question through his notebook.
After the State closed its case the Defence barrister argued that the doctor involved had not been called to give evidence and said the name he had written down was not even close to his client’s.
In striking out the case, Judge Eirinn McKiernan said: “This isn’t rocket science” and claimed there was no such person with that name and date of birth.
The judge added: “I don’t think this is acceptable at any level” but said that wasn’t the Garda’s responsibility “That’s the doctor’s job”.#
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