11 Aug 2022

Drink driving case dismissed over technicality

A DRIVER who was arrested on suspicion of drink driving had his case dismissed at Kilkenny Court,

A DRIVER who was arrested on suspicion of drink driving had his case dismissed at Kilkenny Court,

John Flynn, 38 Bishop Birch Place pleaded not guilty to driving while under the influence of alcohol at Barrack Street on April 15.

A garda witness told the court that he was manning a high visibilty checkpoint at 10.25pm on the date in question when a red van approached the checkpoint. “I stopped the van and asked for the defendant’s driving licence which he had not on him at the time. I smelled intoxicating licquor and his speech was slurred and he said that he had a pint earlier in the evening.

“I conducted a roadside breath test and the defendant provided a speciman, the result of which was a fail. He was arrested on suspicion of drink driving and brought to Kilkenny Garda Station to provide further specimans. At 11.01pm he went to the doctor’s room and provided breath samples which showed 53mg per 100ml and the defendant was charged,” the garda witness said.

Solicitor Michael Lanigan told the court that there was a lack of evidence given around the lack of compliance of the 20-minute rule and Judge David Anderson ordered that the case be dismissed on a legal technicality.

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