The Director of Public Prosecutions -v- O'Donoghue [2018] IEHC 353 (15 June 2018)

The Director of Public Prosecutions -v- O'Donoghue [2018] IEHC 353 (15 June 2018)

The statutory provisions do not require the designated doctor to be present during the provision of the urine sample or to directly receive it; the process followed, where a Garda supervised and the sample was subsequently handed to the doctor, satisfies the statutory requirements.

Citation
[2018] IEHC 353
Parties
Prosecutor: The Director of Public Prosecutions (Garda Barry Doherty); Accused: Marian O’Donoghue
Jurisdiction
Ireland
Judgment Date
15 June 2018
Procedural Posture
Case Stated (consultative) / High Court Opinion on Point of Law From District Court
Outcome
District judge's interpretation of the statutory provisions was incorrect in law; question answered in the negative.
Legal Topics
Provision of Urine Specimen, Statutory Interpretation, Role of Designated Doctor, Procedural Compliance in Drink Driving Offences
Criminal Law Road Traffic Law Provision of Urine Specimen Statutory Interpretation Role of Designated Doctor Procedural Compliance in Drink Driving Offences

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Parties

The Director of Public Prosecutions (Garda Barry Doherty)

Prosecutor

Marian O’Donoghue

Accused

Procedural Posture

Case Stated (consultative) / High Court Opinion on Point of Law From District Court

Legal Issues

  1. 1 Whether s. 12(1)(b) and s. 15 of the Road Traffic Act, 2010 require a urine sample to be provided directly to the designated doctor and/or in the doctor's presence
  2. 2 Whether the absence of the doctor during the provision of the urine sample invalidates the prosecution

Ratio Decidendi

The statutory provisions do not require the designated doctor to be present during the provision of the urine sample or to directly receive it; the process followed, where a Garda supervised and the sample was subsequently handed to the doctor, satisfies the statutory requirements.

Court Disposition

District judge's interpretation of the statutory provisions was incorrect in law; question answered in the negative.

Orders

  • High Court answers the question posed in the negative; the district judge was not correct in law.