Hundreds of drink-driving cases could be thrown out

Hundreds of motorists facing drink-driving charges may have their cases struck out after the DPP ruled in favour of a driver who had drunk nine pints.

Sean McKeown walked free from court yesterday after the DPP decided it would not pursue the case.

The 40-year-old, of Manorcunningham, Co Donegal, was stopped by gardaí on Nov 13, 2011, and admitted to drinking. He failed a breath test.

However, solicitor Ciaran MacLochlainn had argued the case should be struck out because it was illegal.

He said the mandatory alcohol testing (MAT) checkpoint was unlawful because the document authorising it had listed three different townlands in Co Donegal.

The solicitor, quoting the legislation, said: “An authorisation shall be in writing and shall specify the date on which and the public place in which the checkpoint is to be established.”

He told the judge: “It is clear that once an officer above the rank of inspector has signed authorisation for a MAT checkpoint that it must only specify one public place and one only. The law does not allow for multiple choices for gardaí below that rank and in this case that is precisely what the authorisation allowed for.”

The DPP reviewed the case and yesterday Letterkenny District Court was told she had advised it be withdrawn.

It is now feared that hundreds of similar cases due to come before the courts since the 2004 Road Traffic Act could also be challenged.

It is now understood that gardaí name one specific location and not multiple locations for MAT checkpoints.