Courts / Ireland / Report

Driver accused of refusing to provide blood sample has conviction overturned

Summary

A driver accused of refusing to provide a blood sample has had his conviction overturned on appeal. Judge Fiona O'Sullivan allowed the appeal of Dillion Mulligan (25) against his conviction, citing a lack of evidence that he was informed that refusing to provide a sample was a criminal offence. Mulligan was initially convicted in the District Court of failing or refusing to provide a blood specimen under the Road Traffic Act 2010. He was disqualified from driving for four years and fined €300. Garda Christopher McEntagart testified that he stopped Mulligan's car on Merrion Road, observed hazardous driving, and detected the smell of cannabis. He conducted a drugs search but found nothing and administered an oral fluid test, which returned a positive result. Mulligan was arrested and taken to a garda station, where he refused to provide a blood sample. Defence counsel argued that Mulligan had not been adequately informed of the legal consequences of refusal and that there was no evidence he tested positive for a scheduled drug.

Who, what, where, when and why

What: Report matter: Driver accused of refusing to provide blood sample has conviction overturned. Procedural stage: appeal. Findings: Convicted

When:

• May 25, 2024 Incident
• 2026-06-25 Publication

Why: Defence counsel for Mr Mulligan, Martin Joseph Dully BL, said that his client would have explained that he had difficulty with needles and that he needed to eat before providing a specimen. Defence account reported by CNI

Case subjects

Places mentioned

Topics

Drugs Road Traffic Stage Appeal

Read the original CNI report