Director of Public Prosecutions v Flanagan (Approved) [2023] IEHC 647 (17 November 2023)

Director of Public Prosecutions v Flanagan (Approved) [2023] IEHC 647 (17 November 2023)

A Garda's bona fide opinion, even if based solely on a failed preliminary breath test indicating the presence of alcohol (and not necessarily the concentration), is sufficient in law to justify arrest under s. 4(8) of the Road Traffic Act 2010. The District Judge is not entitled to find that such an opinion is not reasonably held, provided there is no evidence of lack of bona fides, as established in DPP v McGovern.

Citation
[2023] IEHC 647
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Lee Kelly); Defendant: Mark Flanagan
Jurisdiction
Ireland
Judgment Date
17 November 2023
Procedural Posture
Case Stated (consultative) / High Court Review of District Court Consultative Case Stated
Outcome
Question answered in the negative; District Judge not entitled to find the Garda's opinion was not reasonably held in law.
Legal Topics
Arrest Without Warrant, Formation of Garda Opinion, Breath Test Evidence, Lawfulness of Arrest, Interpretation of Road Traffic Act 2010
Criminal Law Road Traffic Law Arrest Without Warrant Formation of Garda Opinion Breath Test Evidence Lawfulness of Arrest Interpretation of Road Traffic Act 2010

Case Brief

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Parties

Director of Public Prosecutions (at the suit of Garda Lee Kelly)

Prosecutor

Mark Flanagan

Defendant

Procedural Posture

Case Stated (consultative) / High Court Review of District Court Consultative Case Stated

Legal Issues

  1. 1 Whether a Garda's opinion, formed solely or partly on a failed preliminary breath test, is sufficient to justify arrest under s. 4(8) of the Road Traffic Act 2010
  2. 2 Whether the District Judge can find as a matter of fact that the Garda could not reasonably have formed the necessary opinion to justify arrest, given the Garda's understanding of the breath test result

Ratio Decidendi

A Garda's bona fide opinion, even if based solely on a failed preliminary breath test indicating the presence of alcohol (and not necessarily the concentration), is sufficient in law to justify arrest under s. 4(8) of the Road Traffic Act 2010. The District Judge is not entitled to find that such an opinion is not reasonably held, provided there is no evidence of lack of bona fides, as established in DPP v McGovern.

Court Disposition

Question answered in the negative; District Judge not entitled to find the Garda's opinion was not reasonably held in law.

Orders

  • It is not open to the District Judge to conclude that the Garda did not have the requisite opinion to arrest the Defendant under s. 4(8) of the 2010 Act.