Defence barrister argues successfully to have drink drive case dismissed

Lack of Proof

Defence barrister argues successfully to have drink drive case dismissed

A 45-year-old man accused of drink driving following a car crash, had the case against him dismissed at Dundalk District Court last Wednesday after the Defence barrister successfully argued there was no proof of the exact time his client was allegedly driving.

The prosecution arose following a single vehicle collision at Christianstown, Readypenny on August 27th 2016.

The investigating garda gave evidence of receiving a call at 11.10pm to attend a collision and when she arrived at the scene 10 minutes later she found a black Nissan Almera blocking the left-hand lane of the road.

Two men were standing there.

The first told her he had phoned 999 and the other - who identified himself as the driver Kevin O'Reilly of St. Johnsfort, Drumconrath, Co. Meath.

The Garda said there was a smell of alcohol from his breath and at 11.35pm he failed a roadside breath test.

The Defence counsel argued that there was no evidence of what time his client was driving, which meant it was impossible for the State to prove that the specimen that was subsequently taken, was given within three hours of the time of driving, as required by law.

He added the admission in relation to driving was given without the benefit of a formal caution.

Judge John Coughlan said as the time of driving could not be pinpointed he was dismissing the case and added it’s “a classic situation where a car is in a ditch...you can’t prove it’s within three hours.”