Drink driving charges withdrawn after High Court decision

THREE separate drink driving charges were withdrawn by the State following a High Court ruling last year.
The cases were withdrawn by the prosecution at Castlebar District Court following a High Court ruling last September which found that breath tests conducted via the Evidenzer machine on people arrested for drink driving must be issued in both English and Irish.
Three men had their charges of drink driving withdrawn following DPP instructions at the court on Wednesday.
Referred to now as the ‘Avadenei’ ruling, District Court proceedings brought against a man in a Dublin court last year for drink driving was dismissed as it was ruled that the document had not been ‘duly complete’ because of the failure to print in both English and Irish.

Adjournments
The ruling has since been held up by the High Court, but a Supreme Court ruling on the matter has not yet been made.
At a number of court sittings late last year adjournments in drink driving cases pertaining to the ‘Avadenei’ ruling were sought by the prosecution, awaiting the Supreme Court judgement, however Judge Mary Devins had outlined in those courts that even if the [Supreme Court] appeal has been lodged it doesn’t act as a ‘stay’ on the High Court ruling’.
Following the withdrawals, Road Safety Officer with Mayo County Council Noel Gibbons reiterated his sentiments expressed prior to the withdrawals.
Mr Gibbons had voiced concern that the decision could send out the ‘wrong message’ to people about drink driving.
Speaking to The Mayo News yesterday (Monday), Gibbons said it was ‘the lucky ones’ who get caught drink driving.
“To think of the devastation that is caused to people [after fatal road collisions] and then think about the drivers who have to live with it for the rest of their lives,” said Gibbons, adding that he also felt for gardaí who put a lot of work into drink driving cases.