Motorist stopped at Limerick checkpoint has drug-driving charge dismissed

A CHARLEVILLE driver who was stopped at a checkpoint and tested for drug-driving had his case dismissed by Judge Carol Ann Coolican at Newcastle West court.

The court heard that on July 16 last year, the man was stopped at a garda checkpoint at Fanningstown and consented to take a roadside saliva test which tested positive for drugs.

He was arrested and brought to Henry Street where a blood test was carried out. Subsequent analysis of the blood sample showed a level of cannabis above the permitted level.

The man, however, contested the charge of driving while exceeding the limit permitted for drugs.

Barrister Suzanne Lewis, in cross-examination of the arresting garda, asked if the basis for his opinion relied solely on the result of the roadside saliva test, and he said yes.

She also produced a set of instructions for the test-kit in which it recommended that a 10-minute period of observation be undertaken before the test is administered because elements such as food, chewing gum or tobacco could affect the test.

The garda said he did not carry out any 10-minute observation period or ask the driver to waive it.

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Ms Lewis argued that the roadside test was not validly carried out and therefore there was no basis for the subsequent blood sample test.

Inspector Padraig Sutton said in rebuttal that the instructions had no basis in legislation. The device is used specifically to measure for controlled drugs, he said, and was used internationally.

The instructions were “not built into legislation”, he said, and he could not see how the defendant was prejudiced.

Judge Coolican said she was satisfied to dismiss.