Judge asks for DPP advice on drink driving question

A JUDGE has asked the Gardaí to seek the advice of the Director of Public Prosecutions to determine whether a garda or a designated doctor should seal the kit containing a drink driving sample.
The matter was raised at last week’s sitting of Castlebar District Court by solicitor Evan O’Dwyer who was representing Aisling Keane of Lavally, Tuam, Co Galway, who was prosecuted for drink driving.
Mr O’Dwyer asked for a direction to dismiss on the grounds that the designated doctor who was called to obtain a sample from Ms Keane had sealed the kit which was to be sent to the Medical Bureau of Road Safety for testing.
Garda Olga Treacy had earlier told the court that the designated doctor had sealed the kit after he took the urine sample and put it in the kit.
The designated doctor has to comply with Section 15 of the Road Traffic Act regarding the procedure for taking of specimens of blood and urine.
While acknowledging that the legislation ‘was silent’ on who should seal the kit, Mr O’Dwyer said it was normally the job of the garda and claimed the doctor ‘overstepped the mark’ by doing this.  
Inspector Tom Calvey said that while gardaí normally seal the kit, he has been in court when evidence has been given where the doctor has sealed the kit. He agreed that the section was silent on who should seal the kit.
Judge Mary Devins said that this was the first time such an argument was raised during a drink-driving prosecution. She said it raised the question on when the function of designated doctor ceases and when the garda takes over.
She said she would like the hear what the DPP says on this and asked Insp Calvey to refer the matter and adjourned the case until June 6.
Earlier, the court heard that Ms Keane was arrested for drink driving after she was stopped driving in an erratic manner by an off-duty garda while driving between Balla and Claremorris at 6.23am on June 19, 2016.
Garda Michael Joyce said he was travelling behind her car and noticed it was crossing the white line and nearly collided with oncoming traffic when trying to overtake. He said he contacted Castlebar Garda Station and noted the car eventually stopped on the grass verge.
Garda Tracey said when she spoke to Ms Keane, she noted shr was intoxicated and arrested her for drink driving. The subsequent urine sample showed she was four times over the drink driving limit.