'Hundreds of drink-driving cases in balance' as DPP seeks leave to appeal High Court ruling

The DPP has asked the court of appeal for permission to appeal a High Court decision that left hundreds of alleged drink-driving cases in jeopardy.

Fri, 16 Oct, 2015 - 09:55

The DPP has asked the court of appeal for permission to appeal a High Court decision that left hundreds of alleged drink-driving cases in jeopardy.

The technicality was exposed when 29-year-old Mihai Avadenei challenged why data on his breath sample from the Evidenzer machine in a Garda station was not in Irish.

The High Court ruled that under law it was not a valid piece of evidence unless it was bilingual, forcing the Transport Minister Paschal Donohoe to draw up emergency legislation to close the loophole.

Evan O'Dwyer from O'Dwyer solicitors in Ballyhaunis, who is a specialist in road traffic law, said the decision will effect hundreds of cases.

"There is a question mark hanging over their prosecution, and there will be until such time as either the higher courts decide the High Court was incorrect and strikes down that decision, or the DPP either does not succeed in the appeal, or withdraws the appeal," he said.