Court challenge over Garda roadside drug test taken in cold weather, Letterkenny
On 22 January 2022 at 10.10pm, a man was stopped at Raymoghy, Manorcunningham, Co Donegal, allegedly driving at 141kph. An oral swab taken with a Garda Drager device and a blood specimen taken at the station by a nurse were both reported positive for cocaine. A local solicitor, Frank Dorrian, challenged at Letterkenny District Court the use of roadside drug tests taken when the temperature is below 5 degrees Celsius, reported on 9 December 2023. The judge adjourned the case until 18 January 2024 to consider the matters and submissions.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court9 Dec
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- A man was allegedly driving at 141kph.
- Where
- The man was stopped at Raymoghy, Manorcunningham, Donegal.
- When
- The stop took place on 22 January 2022 at 10.10pm.
- Charges
- The case concerns a drug-driving offence alleged against the man.
- Investigation
- An oral swab taken with a Garda Drager device was reported positive for cocaine.
- A blood specimen taken at the station by a nurse was reported positive for cocaine.
- In court
- Local solicitor Frank Dorrian brought a court challenge at a sitting of Letterkenny District Court, reported on 9 December 2023.
- The judge adjourned the case until 18 January 2024 to consider the matters and submissions.
- Other details
- Dorrian questioned roadside drug tests taken on the Garda hand-held Drager device when the outside temperature is less than 5 degrees Celsius.
- Dorrian said the temperature at the time of the test was 2 degrees Celsius.
- The Garda user instruction guide recommends the device is not used when the ambient temperature is below 5 degrees Celsius.
- Dorrian said the ruling could affect hundreds of pending drug-driving cases.
9 statements extracted from the articles
- whatThe driver was allegedly driving at 141kph. (irishmirror.ie)
- whereThe driver was stopped at Raymoghy, Manorcunningham. (irishmirror.ie)
- whenThe stop took place on January 22nd, 2022 at 10.10pm. (irishmirror.ie)
- investigationAn oral swab taken with the Drager showed a positive result for cocaine. (irishmirror.ie)
- investigationA blood specimen taken at the station by a nurse proved positive for cocaine. (irishmirror.ie)
- courtA court challenge was taken by a local solicitor at a sitting of Letterkenny District Court. (irishmirror.ie)
- courtThe judge adjourned the case until January 18th, 2024 to consider the matters and submissions. (irishmirror.ie)
- otherThe solicitor questioned roadside drug tests taken on a Garda hand-held Drager device when the outside temperature is less than five degrees celsius. (irishmirror.ie)
- otherThe solicitor said the temperature at the time was only 2 degrees celsius. (irishmirror.ie)
The reporting
newest first- 9 Dec2023Court ruling on Garda roadside drug tests could shape hundreds of pending cases
Reports a legal challenge to Garda Drager roadside drug tests used when the temperature is below 5 degrees celsius, which the solicitor says could affect hundreds of pending drug-driving cases. Gives the case details and that the judge adjourned it.
accused, male