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Drug driving conviction overturned after judge finds garda's evidence insufficient

Summary

Jordan Lanigan, 25, of Darndale, Dublin 17, had his conviction for driving under the influence of drugs overturned on appeal. The appellant had pleaded not guilty to the charge in the District Court, where he was subsequently convicted and sentenced to a one-year driving disqualification and a €300 fine. At the District Court Appeals Court, Judge Jonathan Dunphy allowed the appeal, finding that the prosecuting garda's evidence was insufficient to prove the roadside drug test was completed. Garda Fergal McSharry testified that he stopped Lanigan on Clonshaugh Road on March 4, 2019, smelled cannabis, and administered a Drager oral test which returned a positive result. However, the judge noted that the garda only stated he handed the test to Lanigan and that Lanigan handed it back, without providing direct evidence that Lanigan actually placed the device in his mouth or completed the required procedure. The judge ruled that this was an essential element of the procedure and could not be inferred, noting the test may have been refused or returned uncompleted. Consequently, the conviction was quashed, and the matter was not finalised with a new sentence but rather resulted in the overturning of the original District Court finding.

Who, what, where, when and why

What: Report matter: Drug driving conviction overturned after judge finds garda's evidence insufficient. Charges or matters: driving under the influence of drugs in the District Court. Procedural stage: appeal. Findings: Convicted

When:

• March 4, 2019 Incident
• March 14, 2024 Hearing Or Sentence
• 2025-06-23 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

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Read the original CNI report