DPP v Greeley

• Jurisdiction: Ireland
• Judge: Mr. Justice Barrington
• Judgment Date: 01 January 1985
• Neutral Citation: 1983 WJSC-HC 1930
• Court: High Court
• Date: 01 January 1985

1983 WJSC-HC 1930

166 S.S./1984

People(D.P.P.) v. GREELEY

IN THE MATTER OF THE COURT (SUPPLEMENTAL

PROVISIONS) ACT 1961 SECTION 52

AND IN THE MATTER OF THE ROAD TRAFFIC ACT 1961

AND IN THE MATTER OF THE ROAD TRAFFIC (AMENDMENT)

ACT 1978

CONSULTATIVE CASE STATED

BETWEEN

THE PEOPLE (AT THE PROSECUTION OF THE D.P.P.)

COMPLAINT

AND

JAMES GREELEY

1 Judgment of Mr. Justice Barrington delivered the 31st day of May 1984

2 This is a case stated by District Justice James O'Sullivan sitting at the District Court at Court Number 7, Dolphin House, (Dublin Metropolitan District) pursuant to the Courts (Supplemental Provisions) Act 1961, section 52, on his own motion, for the purpose of determining a question of law which arose in proceedings before him.

3 The facts of the matter are set out in the case stated as follows -

4 2 "(1) At a sitting of the District Court held at Court No. 7 Dolphin House on the 10th day of October the said Director of Public Prosecutions (hereinafter called the Complainant/Respondent) charged the said James Greeley (hereinafter called the Defendant/Appellant) for that he the said Defendant/Appellant on the 12th day of March 1983 at Merrion Square, Dublin, in the said district, drove a mechanically propelled vehicle, registration number 913 EZU,in a public place while there was present in his body a quantity of alcohol such as that within three hours of so driving the concentration of alcohol in his body exceeded a concentration of 100 milligrams of alcohol per 100 millilitres of blood, contrary to section 49 (2) and 4(a) of the Road Traffic Act 1961as inserted by section 10 of the Road Traffic Amendment Act 1973.

5 (2) At the hearing of the said complaint the Complainant/ Respondent was represented by Mr. Peter Charleton BL, instructed by the Chief State Solicitor, and the Defendant/Appellant was represented by Mr. Philip O'Brien BL instructed by Eehrard O'Neill & Co., Phibsboro Road,Dublin."

6 The following facts were proved or admitted before me -

7 a "(a) On the 12th day of March, 1978 at or about 1.10 a.m. Garda Denis Curtin who at the time was a member of an Garda Siochana was on duty in uniform at Merrion Square. He saw motor car registration number 913 EZU pulling out to park in front of him. The car was owned and driven by the Defendant/Appellant. His address was 421, Ivy Plats, Kevin Street, Dublin 8. The Defendant seemed to have some trouble parking his car end had to make a second attempt. The garda officer thought this strange as the space in which Mr. Greeley wished to park was at least 25 to 30 feet wide. The garda officer waited for Mr. Greeley to park his car and then approached him and asked him for his driving licence and certificate of insurance or exemption to which he replied that he had got both but not on him.

8 (b) The garda officer got a strong smell of drink from Mr.Greeley's breath as he answered his question. Mr. Greeley then got out of the car and stood along side it. The tax disc was checked and was in order. The garda officer then asked Mr. Greeley for the number of the car which he gave with some difficulty; the garda officer again got a strong smell of alcohol. Mr. Greeley was asked had he taken drink. He answered yes, only three pints. At this stage Mr. Greeley was resting against a car parked next to his own with his hands in his pockets. Mr. Greeley was asked for his driving licence and he replied "it is in my flat. I have not got it on me." The garda again asked Mr. Greeley how many drinks he had had and he answered "three pints and a glass and a half of wine". At this stage he was still leaning with his back against the front passenger door of the car next to his own. He was then told by the garda officer that the garda officer was of opinion that he had consumed an intoxicant. The garda officer contacted the local garda station and asked then to send an alkaliser. Ten minutes later the car arrived from the station with the alkaliser kit.

9 (c) Mr. Greeley was asked to provide a specimen of his breath to which he replied "do I have to"? He was told that if he failed or refused to meet the request he could and would be arrested under section 12 of the Road Traffic Act 1961/78. He then agreed to give a sample of his breath. The alkaliser was assembled in his presence and he was asked how long it was since he had his last drink. He replied "about an hour ago". The alkaliser was given him with a demand for a breath test under section 12 of the Road Traffic Act 1961/73. He answered "do I have to? I am over the limit, if I blow into that I^apos;m gone". Again a request for a breath sample was made which was complied with. The alkaliser was returned to the garda officer who examined it under torchlight. It was positive.

10 (d) Mr. Greeley was then shown the alkaliser by the garda officer. He was told the garda officer was of opinion as a result of his observations that he had committed an offence under Section 10 of the Road Traffic (Amendment) Act 1978, which opinion was explained to him in ordinary language. The garda officer asked Mr. Greeley to accompany him to Pearse Street garda station and Mr. Greeley went to the station voluntarily and they arrived there at 1.30 a.m. At the station Mr. Greeley was informed that he was being arrested under section 49 (6) of the Road Traffic Act 1961/78. The sergeant in charge of the station was told "by Garda Curtin that a prisoner under section 49 (6) of the Road Traffic Act was in the station and under the charge of Garda Quinn. A doctor was called. The doctor arrived, he was a designated medical practitioner for the purposes of the Act and a garda officer made a request of Mr.Gree]eyto provide Dr. Patton with a blood or urine sample. Mr. Greeley opted to give a blood sample which was taken by Dr. Patton at 1.59 a.m. Mr. Greeley was then asked if he would like to keep one of his samples of blood. He declined the offer and left both samples to be sent off to the Medical Bureau for examination. The requirements of section 21 of the Road Traffic (Amendment) Act 1978were complied with. Mr. Greeley was released from Pearse Street Garda Station at 2.30 a.m.

11 e) It was contended for the Complainant/Appellant that no power existed to take a...