Tipperary man fails to have his charges dropped on the grounds of unlawful detention

A Glengoole man has received a two-year driving ban for drunk driving after failing to have his case dismissed on the grounds of unlawful detention at Thurles District Court.

Keith Hanrahan, 26, of 18 Aubrey Road, Glengoole, Thurles, was charged with driving under the influence of an intoxicant, driving without due care and attention and driving with no insurance at Thurles Townparks and Kickham Street on February 5, 2023.

Garda James Kelleher of Thurles Garda Station told the court that on February 5, around 3am, he was driving toward the town when he observed a vehicle driving against the patrol car before swerving sharply.

The guard turned and followed the car onto the Dublin Road, where it stopped on a footpath.

The guard told the court that he pulled the patrol car up alongside the car and spoke to the driver.

The driver’s speech was slurred, and there was a strong smell of alcohol.

The driver was arrested and taken to Thurles Garda Station, where he was given a breath test that read 63 over 100.

The guards also found that the defendant’s insurance had expired the previous October and instructed him to produce his insurance certificate within ten days.

To this, he replied that his girlfriend would send an email as he could not afford his renewal.

EXTENDED DETENTION

The court heard that following the collection of the sample and processing the guards on duty made the decision to detain the defendant until later that morning.

Acting for the defendant, Kenneth Kerins BL said it was a ‘most unusual circumstance’ and it was not clear that an extended detention was necessary.

He said the risk assessment form did not indicate an issue, and no doctor was called.

Garda Cian O’Brien of Thurles Garda Station told the court that after the defendant was processed, he was not yet ‘steady on his feet’ and his speech was still slurred.

The guard said they were not confident that Mr Hanrahan could be released safely and detained him until 8:30am.

Mr Kearns told the court that unsteady might have been a reason to arrest his client but not to detain further than was necessary.

He argued that this was a violation of Mr Hanrahan’s constitutional rights and it ‘taints’ the whole case.

Acting for the state, Inspector James White told the court that the detention could not taint the case because it happened later.

He said the guards have the right to detain a person up to six hours if they feel that person poses a risk to themselves or others.

Inspector White said taking into account that the defendant lived in a rural area, he may have decided to walk home.

“Was he safe to allow on the street at that level of intoxication,” said Inspector White.

JUDGEMENT

Judge Elizabeth MacGrath said that she noted that the guards' right to detain would have expired at 9:05am, and they had released the defendant at 8:30am.

The judge agreed with Mr Kearns that evidence was not presented in the risk assessment that further detention was necessary.

However, the decision was made after the risk assessment and processing, and it did not meet the threshold to dismiss the case.

On the charge of drink driving, Judge MacGrath imposed a two-year ban and a €300 fine.

The judge took the driving without due care and attention into consideration and struck out the no insurance charge.

Judge MacGrath said that the guards were required to wait the full ten days before charging the man with no insurance.

Inspector White argued that the man had not nominated a garda station.

However, Judge MacGrath said that even if it is clear the defendant had no intention of producing his certificate, the guards still must wait the full ten days.