Garda made genuine mistake, court rules

A GENUINE mistake by a garda in arresting a man in Co Wicklow for “drunk driving” under the Road Traffic Act instead of being “drunk in charge” of a car did not render the man’s arrest unlawful, the Supreme Court has ruled.

The court was deciding on an appeal by the DPP against a High Court decision on legal issues arising from the arrest of Gerard O’Neill while seated in a stationary car, with its engine running, on Wexford Road at Arklow at 11.42pm on September 30, 2005.

Mr O’Neill, Glenaur, Adamstown, Co Wexford, was arrested under Section 50.10 of the Road Traffic Act, which relates to “drink driving” rather than Section 49, which relates to “drunk in charge” of a vehicle.

The arrest was bona fide and the garda’s opinion that Mr O’Neill was attempting to drive and was unfit to drive due to the consumption of alcohol was reasonable, Ms Justice Susan Denham said.

While legal technicalities may arise on an analysis of the terms of section 49 and 50, the mischief being addressed by the legislature related to persons unfit to drive due to the consumption of alcohol who are in charge of a motor vehicle and have an intention to drive, she said.