Case No. 5746Drink-driving (driving while intoxicated) · Co. Cork · 21 May 2023

Drink-driving prosecution dismissed over wrong address on Garda paperwork in Macroom

On 21 May 2023 Cian O'Callaghan, 43, of Derrincullig, Coolea, Co. Cork, was stopped at a checkpoint at The Flats, Ballymakeera at 11.24 pm while driving a Hyundai Santa Fe, and he was charged with driving while intoxicated. His solicitor, Patrick Horan, challenged the prosecution over an error in the Garda paperwork, and Macroom District Court dismissed the case at a recent sitting, reported on 6 June 2024. The judge found that the defective address on the Garda notice created a doubt requiring dismissal, so the prosecution ended there.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Acquitted6 Jun
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Cian O'Callaghan, 43, of Derrincullig, Coolea, Co. Cork, was charged with driving while intoxicated.
Where
He was stopped at a checkpoint at The Flats, Ballymakeera, Co. Cork.
When
The stop and the charge relate to 21 May 2023, with the stop at 11.24 pm.
Other details
He was driving a Hyundai Santa Fe when he was stopped.
Investigation
Garda Ciaran McCrory gave evidence that Mr O'Callaghan told him on the night that he had consumed "one or two pints".
Cause
His solicitor, Patrick Horan, challenged the prosecution over an error in the Garda paperwork.
Charges
The error was a defective address on the Garda notice, which the judge found created a doubt requiring dismissal.
In court
  • The prosecution was dismissed at Macroom District Court at a recent sitting, reported on 6 June 2024.
  • Court presenter Inspector Debra Marsh presented the case to the court.
3 statements extracted from the articles
  • whereThe checkpoint was at The Flats, Ballymakeera. (irishmirror.ie)
  • whenHe was stopped at 11.24 pm. (irishmirror.ie)
  • courtThe prosecution was dismissed at Macroom District Court. (irishmirror.ie)

The reporting

newest first
  1. 6 Jun2024
    Drink-driving prosecution dismissed because of wrong address on Garda paperwork

    Reports the dismissal of the prosecution at Macroom District Court due to a defective address on the Garda notice, which the judge found created a doubt requiring dismissal.

    accused, Cian O'Callaghan, 43, male, named, irish (judged from name)Cian O'Callaghan