Director of Public Prosecutions v Foley (Approved) [2023] IEHC 734 (20 December 2023)

Director of Public Prosecutions v Foley (Approved) [2023] IEHC 734 (20 December 2023)

Garda Prenderville acted bona fide and had no knowledge or reason to suppose the defendant had consumed alcohol within twenty minutes prior to the roadside breath test; therefore, failure to observe the twenty-minute wait did not invalidate the test or render the arrest unlawful.

Citation
[2023] IEHC 734
Parties
Prosecutor: Director of Public Prosecutions (at the suit of Garda Prenderville); Defendant: Patrick Foley
Jurisdiction
Ireland
Judgment Date
20 December 2023
Procedural Posture
Consultative Case Stated From District Court / High Court Determination of Legal Question
Outcome
Legal question answered in favour of prosecutor; breath test not invalid and arrest not unlawful.
Legal Topics
Breath Test Validity, Arrest Procedure, Manufacturer's Instructions, Formation of Opinion by Garda
Criminal Law Road Traffic Law Breath Test Validity Arrest Procedure Manufacturer's Instructions Formation of Opinion by Garda

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Parties

Director of Public Prosecutions (at the suit of Garda Prenderville)

Prosecutor

Patrick Foley

Defendant

Procedural Posture

Consultative Case Stated From District Court / High Court Determination of Legal Question

Legal Issues

  1. 1 Whether failure to observe twenty-minute wait after alcohol consumption invalidates roadside breath test and renders arrest unlawful
  2. 2 Whether Garda's lack of knowledge of manufacturer's instructions affects lawfulness of arrest

Ratio Decidendi

Garda Prenderville acted bona fide and had no knowledge or reason to suppose the defendant had consumed alcohol within twenty minutes prior to the roadside breath test; therefore, failure to observe the twenty-minute wait did not invalidate the test or render the arrest unlawful.

Court Disposition

Legal question answered in favour of prosecutor; breath test not invalid and arrest not unlawful.

Orders

  • DPP provisionally entitled to costs, to be adjudicated in default of agreement; parties may make written submissions on costs within 14 days.