Case No. 6962Drug driving · Co. Donegal · 22 Jan 2022

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.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court9 Dec
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

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
  1. 9 Dec2023
    Court 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