The High Court has ruled that prosecutors must prove a driver previously received and paid a drink-driving fixed penalty if they want to exclude that person from receiving another fixed penalty within three years.
The ruling arose from the prosecution of Sulaimon Balogun, who was stopped at a mandatory alcohol checkpoint on Holywell Link Road in Swords on 8 December 2015.
A urine sample later showed 72mg of alcohol per 100ml. That level ordinarily entitled Balogun to the fixed-penalty process under section 29 of the Road Traffic Act 2010, rather than immediate prosecution in the District Court.
Gardaí said he was ineligible because he had previously received and paid a fixed penalty following an earlier incident in 2014. Garda James Newman gave evidence based on an email response from the Garda National Traffic Bureau and a PULSE reference.
Balogun objected that this was hearsay and argued that the prosecution had to prove the earlier notice and payment through admissible evidence.
The District Court had ruled that the burden instead rested on Balogun to prove he had not received a prior notice. It then stated a legal question to the High Court before completing the case.
Ms Justice Murphy rejected that approach. She held that Balogun was, on the alcohol reading alone, prima facie entitled to the more lenient fixed-penalty regime. If the State sought to remove that benefit because of an earlier notice, it had to prove the relevant facts.
The court said three matters must be established: that an earlier fixed penalty notice was served, that the fixed charge was paid, and that the current incident occurred within three years of the earlier disqualification taking effect.
An administrative Garda email or PULSE reference was not enough because it was inadmissible hearsay. The court said the earlier completed notice and evidence of payment, such as the statutory receipt or equivalent record, could provide the necessary proof.
The High Court therefore answered the District Court’s question: yes, the prosecution was required to prove the prior fixed penalty.