Judge throws out drink driving cases against 15 motorists
At Ennis District Court, Judge Patrick Durcan dismissed the cases as a result of the High Court judgement in September which ruled that the results of alcohol breath tests must be supplied in English and Irish to suspected drink drivers in a case relating to a Romanian national.
The DPP is mounting a legal challenge to the High Court ruling.
However, Judge Durcan dismissed the cases at the district court after Inspector John Ryan admitted that the State “was in difficulty” over the prosecutions. Judge Durcan did not make any comment when dismissing the succession of cases yesterday but at Kilrush District Court last week when dismissing a similar case, said: “The law of the land is as is. The matter is in for hearing today and accordingly I dismiss.”
One of those to escape prosecution yesterday was a 42-year-old Ennis man who the State was to allege was detected to be drink driving at Claureen, Ennis, on May 5 this year. The State was also to allege that the man was found to be drink driving at the same location on August 11.
Another driver to evade prosecution yesterday was a Clare man who already had a drink-driving prosecution dismissed against him at Kilrush Court on October 28 because of the High Court ruling. The man was suspected of drink driving on January 25 this year and June 7 last year, with both cases now dismissed.
In the aftermath of last September’s High Court decision, the Government introduced emergency legislation to close the loophole in the law, but that had no impact on cases already before the courts.
