Fears over drug-driver case played down
While road safety experts have privately expressed concern that the ruling “sends out the wrong signal”, they maintain existing legislation is sufficiently robust to successfully prosecute offenders.
Michael Ryan, 20, a student from Berrings, Co Cork, pleaded not guilty at Cork District Court on Wednesday to a charge of driving while under the influence of an intoxicant.
Judge Olann Kelleher dismissed the charge on the basis that the evidence did not prove Mr Ryan was incapable of having control of the car, despite his admission of taking cannabis.
One of the country’s leading experts on forensic medicine, Denis Cusack, the director of the Medical Bureau of Road Safety which oversees the chemical testing of intoxicants on motorists facing drink-driving and drug-driving charges, said new legislation expected to be introduced next year would strengthen the enforcement powers of gardaí.
A road safety bill currently going through the Oireachtas will empower gardaí to require motorists suspected of drink-driving or drug- driving to undergo non-technological cognitive tests, such as walking in a straight line, which will be admissible in evidence.
Gardaí welcomed the measure, saying it provided a more structured and systematic approach, with all members of the Garda Traffic Corps already trained in the new standardised approach.
Prof Cusack said the ruling in Mr Ryan’s case was “correct” based on the evidence. However, he said it was open to gardaí under existing legislation to obtain blood or urine samples to confirm the presence of illicit drugs.
He pointed out that the Government’s Road Safety Strategy, launched earlier this year, contains provision to legislate for the introduction of a zero-tolerance approach to illicit drug-driving and roadside testing for drugs by the summer of 2015.
Prof Cusack added that such measures would enhance efforts by road safety authorities to combat the growing problem of drug-driving.
He said he personally favoured the zero-tolerance approach, as the strength of illegal drugs can vary widely and it would be scientifically impossible to prescribe safe levels for driving.
However, Prof Cusack admitted that it might take another three years before handheld devices capable of detecting the most common type of illicit drugs will come into use in Ireland.
A spokesman for the Road Safety Authority declined to comment on last week’s court case. However, the spokesman stressed that scientific evidence had established that cannabis use impairs a person’s ability to drive and increases the risk of being involved in a car crash.
“A number of studies have shown that cannabis affects that cannabis affects memory, psychomotor abilities, reaction times, and these effects remain long after the ‘high’ has passed,” the spokesman said.
The spokesman added that the significant negative effects of cannabis on driving performance can last for 10 hours after use.
The Garda press office said it was not appropriate to comment on individual cases. However, a spokesperson said officers dealing with drug-driving can seek a blood or urine sample under Section 12 of the Road Traffic Act 2010.
