Fallout from high court drink driving ruling begins

A HIGH Court decision earlier this week is likely to have an impact on hundreds of drunk driving cases already dealt with by the courts, writes Tom Shiel.

At Castlebar District Court today, an application to extend time to lodge an appeal and for recognisance to be fixed was made by Evan O’Dwyer, solicitor, on behalf Ryan Connolly, Summerhill, Ballyglass, Claremorris.

Mr. Connolly was convicted of drink driving on April 1 last, was fined €350 and disqualified for driving for two years.

The application was adjourned to October 7 by Judge Mary Devins.

Also today at Castlerea District Court, a similar application by Mr. John O’Dwyer, solicitor, in respect of John Higgins, Ballybeg, Tulsk, Co. Roscommon, was made to Judge Geoffrey Browne.

Mr. O’Dwyer successfully applied for an extension of time to lodge an appeal and for recognisance to be fixed.

The decision by Judge Geoffrey Browne is one of the first applications of its type in the district court and is expected to lead to further similar applications in courts throughout the land.

It is also expected that where the courts grant these types of application then multiple cases of action against the State will ensue.

On Monday last (September 21), Mr. Justice Seamus Noonan ruled that when gardaí perform an alcohol breath test in a station they must provide a copy of the breath test results in both Irish and English.