Test-case result may invalidate drink-drive charges

Up to 2,000 drink-driving charges are expected to be dismissed if a High Court challenge next month to the intoximeter, the Garda device used to measure alcohol concentration in breath, proves successful.

The test case follows the dismissal this week of more than 80 drink-driving cases by a District Court judge who ruled the intoximeter was legally flawed.

Judge Michael Pattwell told Midleton District Court that the relevant defendants should not be convicted on the basis of a machine-reading that could not be independently analysed.

The High Court challenge, due for hearing on May 18th, is being taken on the same grounds by a Dublin publican.

Mr John Purcell, of Rathfarnham Dublin, claims the intoximeter is unconstitutional because it deprives him of the right to challenge the machine's findings.

The outcome of the case will affect an estimated 2,000 drink-driving cases awaiting hearing in the District Courts.

On Thursday Mr Brian O'Callaghan, a solicitor representing Mr Séamus Ahern from Conna, Co Cork, told Midleton District Court his client's rights had been infringed by the irrefutable nature of intoximeter measurements. Mr O'Callaghan also raised the question of a delay in proceedings.

However, this issue was not adjudicated upon as the judge found in his client's favour on grounds of the right to independent analysis.

The DPP subsequently sought an adjournment of the remaining 106 intoximeter cases pending next month's High Court hearing. But Judge Pattwell refused the application and subsequently dismissed more than 80 cases.

The remaining cases were adjourned as either defendants or prosecuting gardaí were absent.

Speaking to The Irish Times yesterday, Mr O'Callaghan stressed that the ruling did not guarantee that all cases before the District Courts would be dismissed, noting their future was likely to depend on the outcome of the High Court hearing.

Nonetheless, Thursday's ruling comes as a further blow to the credibility of the intoximeter following a Supreme Court ruling last month overturning the convictions of seven people for drink-driving offences.

Despite the legal setbacks, gardaí continue to use intoximeters. A Garda spokesman said blood and urine testing was only used at stations where no intoximeter was installed.