Court rules man’s arrest for drink driving is unlawful

A majority Supreme Court has ruled a man’s arrest for drink driving was unlawful because he was unjustifiably handcuffed after arrest on foot of a Garda sergeant’s own routine policy.

The decision means a certificate showing the man had failed breath tests cannot be used as evidence and he must be acquitted.

A Circuit Court judge had asked the Supreme Court to rule if he was entitled to find the man’s handcuffing unjustified, where the arresting officer did not believe the man was likely to resist arrest, but was rather implementing his standard personal policy of handcuffing all drink driving suspects.