DPP v Carolan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1998
• Date: 01 January 1998
• Court: High Court

(H.C.)

Director of Public Prosecutions

and

Carolan

- Validity - Delay in bringing accused to Garda station - Road traffic offence -Driving while under the influence of an intoxicant -Whether arrest of accused tainted by subsequent events - Whether custody of accused unlawful -Whether constitutional rights of accused were violated -Whether accused conveyed to garda station as soon as reasonably possible - Criminal Justice Act, 1984 (No. 22), s. 4 - Road Traffic Act, 1961 (No. 24), s. 49 - Road Traffic Act, 1994 (No. 7), s. 10.

Facts S. 49(2) of the Road Traffic Act, 1961, as inserted by s. 10 of the Road Traffic Act, 1994, creates the offence of driving in a public place so that within three hours after so driving the concentration of alcohol in the blood exceeds 80 milligrams of alcohol per 100 millilitres of blood. S. 49(8) of the 1961 Act as inserted by s. 10 of the 1994 Act allows a member of the Garda Síochána to arrest without...