| 11.6°C Dublin

Driver (33) wins court battle to quash ban

A MOTORIST who was put off the road for four years for being under the influence of a drug while in charge of a car has had the driving ban and conviction overturned on appeal.

Alan Wilson (33) challenged his conviction and disqualification after he was arrested for being at the wheel of a parked car while allegedly having tranquillisers in his system.

The arresting garda had said he seemed "dazed and confused" when she found him in the car n south Dublin in the early hours of the morning.

Judge Katherine Delahunt upheld his appeal at Dublin Circuit Criminal Court.

The judge quashed the driving ban and €5 fine that had been handed down at the original hearing of his case at Dublin District Court.

Mr Wilson, of New Street Gardens, Dublin 8, had denied a charge of being in charge of a vehicle while under the influence of an intoxicant.

The circuit court heard he was arrested at Ulverton Road, Dalkey on June 21, 2011.

A urine sample tested negative for alcohol but had a benzodiazepine-class substance present, the court was told.

Conor McKenna, for the appellant, said there had been no evidence that Mr Wilson was informed of the reason for his arrest.

Mr McKenna argued that Mr Wilson's arrest was therefore unlawful and the certificate of analysis was inadmissible.

The judge upheld the appeal.

hnews@herald.ie


Privacy