Man fails to sue State for false drink-driving arrest

A MOTORIST who had not taken a drink in 25 years was arrested on suspicion of drink driving and taken to a garda station.

Yesterday he sued the State for wrongful arrest.

William Griffin of Oasis, Meagher’s Lane, Chetwynd, Co Cork, and the director of a piano business, claimed his detention for the purpose of checking him for the presence of alcohol at the Bridewell garda station amounted to false imprisonment.

The plaintiff’s barrister, Helen Boyle, said at Cork Circuit Court yesterday: “This man was a sober man, arrested, we say, unlawfully and exposed to ridicule and his van was left on the side of the road with Griffin’s Pianos written on the side.”

Judge Patrick J. Moran said he totally accepted that Mr Griffin was sober, and that he had not taken a drink for 25 years, but the judge rejected the suggestion that the plaintiff experienced any ridicule as a result of what happened to him at around 1am on January 22, 2001.

Judge Moran dismissed his claim for damages against the State.

“I take the view that the plaintiff has failed to establish on the balance of probabilities that there was an unlawful arrest. I take the view that Garda Kieran O’Sullivan formed a reasonable opinion as to Mr Griffin’s condition at the time and he was entitled to arrest him, even if subsequent events established that he was incorrect.

“I am satisfied Garda O’Sullivan’s belief was honestly held. There was a considerable smell of alcohol in the front of the van when the guard stopped him. The gentleman travelling with him as a front seat passenger had consumed three or four pints of lager and they were sitting in a confined space.”

It turned out in fact that Mr Griffin had a nil reading for alcohol and he was released 20 minutes after the test was taken at the Bridewell.

While Judge Moran dismissed the case he refused a State application for costs.

He said the authorities should have written a letter of apology to Mr Griffin.

“If that had happened it might have ensured that the matter would not end up in this court. That is regrettable. Quite obviously, Mr Griffin is not a man who consumes intoxicating liquor and did not on the night,” the judge said. The judge said he looked through the notebook of Garda O’Sullivan and believed it was clear the guard took his responsibilities extremely seriously.