A drink-driving case was struck out yesterday after it was claimed that the Garda’s mandatory checkpoint was unlawful.
There was speculation that hundreds of motorists facing drink-driving charges may have their cases struck out after the DPP ruled in favour of a driver who admitted drinking nine pints of beer before getting behind the wheel.
Sean McKeown walked free from court yesterday after the DPP decided it would not pursue the case against the Co Donegal man.
McKeown (40), of Abbey Park, Manorcunningham, was stopped by gardaí on November 13th, 2011, and admitted to drinking and then 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 Buncrana-based 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 Judge Paul Kelly: “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 case had been put back until yesterday to allow the DPP to review the case.
Garda Insp Goretti Sheridan told Letterkenny District Court yesterday that the DPP had advised to withdraw the case.
Mr MacLochlainn told Judge Kelly previously that he had already had a similar case struck out.
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.