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'Zero evidence' of driving sees man found asleep in crashed van get drug driving conviction overturned

Summary

Derek Smith, 43, of Donnycarney, Dublin, had his drug‑driving conviction overturned after an appeal court found no evidence he had been driving within three hours of a blood sample. Smith was found asleep over the wheel of a van that crashed into a tree on 15 January 2021. Garda Sandip Shrestha reported that Smith was unable to walk out of the vehicle, was unstable, had slurred speech and blood‑shot eyes. He was arrested and a blood sample was taken at 4.36 pm. The sample, analysed at 1435.0 ng/ml of Benzoylecgonine, exceeded the 50 ng/ml legal limit. Smith's counsel, Gregory Murphy BL, argued that the prosecution had "zero evidence" that Smith was driving when the sample was taken and that the sample could not be linked to him. Judge Fiona O'Sullivan agreed that the three‑hour rule was not satisfied and that the blood certificate could not be admitted, and allowed Smith's appeal. Derek Smith pleaded not guilty.

Who, what, where, when and why

What: Report matter: 'Zero evidence' of driving sees man found asleep in crashed van get drug driving conviction overturned. Procedural stage: appeal. Findings: Found guilty

When:

• January 15, 2021 Hearing Or Sentence
• 2025-04-10 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

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Read the original CNI report