The High Court has ruled that a further 20-minute Garda observation period at Ballyfermot Garda Station did not unlawfully extend Lorraine O’Sullivan’s detention in a drink-driving investigation.
O’Sullivan had been charged with failing to provide two breath specimens after her arrest in Clondalkin in the early hours of May 4, 2013.
Garda John Noonan told the District Court that he encountered O’Sullivan in a vehicle at a bus stop on St Cuthbert’s Road at about 4.40am. He said her speech was slurred, her eyes appeared glazed and she twice attempted to drive away after Garda intervention. He arrested her at 4.45am and brought her to Ballyfermot Garda Station.
During the journey, Noonan sat beside O’Sullivan and observed her. He said she did not drink, take medication or belch, although he accepted that the patrol car was dark and he could not be completely certain she had taken nothing orally.
At the station, Gardaí began a fresh 20-minute observation period before the Evidenzer breath-testing procedure. The District Court held that this additional wait was unjustified, treated the detention as invalid and dismissed the charge before the Evidenzer Garda gave evidence.
The DPP appealed by way of case stated.
Mr Justice David Keane held that earlier Supreme Court authority, particularly DPP v McNiece, directly addressed the issue. Once a 20-minute observation period is accepted as necessary for reliable breath testing, Gardaí have reasonable discretion over how and where it is carried out. Observation in a controlled Garda station can be more reliable than monitoring during an arrest or journey.
The High Court found that the District Judge had not been referred to that authority and had therefore applied the wrong legal approach through no fault of his own.
Both questions posed in the case stated were answered in the negative. The judgment does not itself record a final determination of O’Sullivan’s underlying charge.