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Drug-driving man has his challenge rejected

A MAN has failed in a High Court bid to overturn a conviction for drug-driving over claims about test results on a blood sample he gave.

The court rejected James Power's argument that the State was not entitled to rely on a second test, showing he had cocaine in his system, even though it had earlier issued him with a negative alcohol result.

Power, of College View, Ballymun, Dublin, was arrested on suspicion of drink/drug-driving on June 15, 2008, and later provided a blood sample.

The Medical Bureau of Road Safety sent a certificate stating it contained zero alcohol. The following August, it sent another recording cocaine.

Power was convicted in the District Court of driving under the influence of an intoxicant. He appealed to the Circuit Court which affirmed the conviction.

He then brought judicial review proceedings in the High Court which rejected his claim that the lower court had erred.

The prosecution said the Circuit Court applied the correct approach as the tests for alcohol and drugs are done in two stages.

Ms Justice O'Malley rejected Power's challenge. She agreed to put a stay on her decision and on costs pending an appeal.

Irish Independent