Leitrim drug driving cases held up awaiting High Court decision

Drug driving cases coming before Manorhamilton and Carrick-on-Shannon District Courts are being held up from progress as solicitors and gardai await a judgement from the High Court.

Two suspected drug driving cases were adjourned for a month last week in Manorhamilton District Court. It is expected that similar will happen to cases coming before Carrick-on-Shannon District Court this week.
Defense solicitor Gerry McGovern said he had just “one point” to argue in one such case and wanted to see the outcome of the High Court judgment.

Garda Inspector Michael Collins said they have received no update from the DPP.
Judge Sandra Murphy said she also did not have any update from a legal perspective.
According to national reports similar cases around the country are being adjourned for up to 12 months.
The issue has arisen because of a case, DPP v O’Leary, which is currently before the High Court and is expected to return a ruling in the coming months.
The question at the heart of the suit will examine how gardaí conducted roadside drug tests in the past, specifically whether they should have waited for a 10-minute period of observation before taking a sample from a driver.
The manufacturers of the test kits used by road traffic units until December 2022 advised that this period should be taken to ensure no contamination of the saliva sample.

The advice was given as a test result could be impacted by the person eating or drinking in the minutes before being stopped, or before the sample was taken after the stop.
The complex legal issue could also impact the way the testing is conducted, especially as the law governing the practice requires the garda to have carried out the test before making an arrest.
In drink driving, gardaí can arrest a person based on their opinion alone, before testing them at the station.
In regard to drug driving, there must be a roadside test before they are detained.
Leitrim’s Judge Murphy is hoping for more clarity on the issue next month and is adjourning such cases into March.