A court decision over the use of roadside drug-testing being undertaken in cold weather may set a precedent for hundreds of pending drug-driving cases across the country.
It follows a court challenge taken by local solicitor Frank Dorrian at a sitting of Letterkenny District Court.
Mr Dorrian questioned the use of roadside drug tests taken on Garda hand-held Drager Drugs Test devices when the outside temperature is less than 5 degrees.
In the user's instruction guide for gardaí, it is recommended the device should not used when the ambient weather is below this temperature.
The Drager device was introduced to help combat the huge increase in people driving while under the influence of drugs, and gardaí on traffic duty underwent in-service courses on how to use the devices.
However, a challenge over the use of the equipment may now hamper their use when temperatures fall.
The issue was raised by Mr Dorrian in the case of a driver stopped by gardaí while allegedly driving at a speed of 141kph at Raymoghy, Manorcunningham, Co Donegal on January 22nd, 2022, at 10.10pm.
The driver of a Landrover Discovery was stopped by Garda Garrett Monaghan, who formed an opinion that the driver was driving while under the influence of an intoxicant.
An oral swab was taken using the Drager device, which showed a positive result for the presence of cocaine.
Training
Garda Monaghan told the court how he arrested the accused man and brought him to Letterkenny Garda station where a specimen of blood was taken by a nurse, returning a positive result for the presence of cocaine.
Under cross-examination by Mr Dorrian, Gda Monaghan was asked if he had received training in the use of the Drager device, and although he could not recall exactly, he estimated he had received one-day instruction as part of in-service training.
Mr Dorrian asked the Garda if he was aware that the equipment must be used when the ambient temperature is only between 5 and 40 degrees.
The solicitor said he had documentation to prove that, at the time the test was administered on January 22nd, 2022, the temperature was 2 degrees, which is below the recommended temperature for use.
Garda Monaghan suggested that holding the equipment in the palm of his hand would bring up the temperature, but admitted that the instruction not to use the Drager device in conditions below 5 degrees was "not something I was conscious of".
Mr Dorrian said this was something the Garda was "supposed to check because you are trained", adding: "One way or another you didn't know."
The solicitor told the court this was not a "flippant submission", stating: "If this happened at 5pm on a July evening, this argument would be nonsense."
Responding to Mr Dorrian's claims, Garda Inspector Tony Byrne said they do not know what the ambient temperature was in the Garda car where the Drager device was being held.
He added it was doubtful if Garda were driving around in a cold car, but admitted that "Garda training does not seem to extend to what is specified in the manual".
He added the use of the Drager device is only a "preliminary aid to assist gardaí in determining an offence", to which Mr Dorrian replied that this is a case where equipment was being operated outside the parameters.
Judge Eiteain Cunningham adjourned the case until January 18th, 2024, to consider all matters and submissions.
