The case of a woman accused of drink-driving at Christmas time has been adjourned after her lawyers pointing to a recent High Court decision which quashed a defendant’s conviction over the handling of a blood sample.
Garda Paul Byrne told Tallaght District Court that he was driving on the N81 on 22 December, 2023 when he stopped at a red light and saw a Toyota Rav4 in front of him swerving across the road. He decided to pull it over at the Greenhills junction to check on the driver, who rolled down the window and handed over her licence.
The court heard there was one person in the car, later identified as Cathrina Boyle (65) with a last address at Edmundsbury Court, Lucan, Co Dublin. She has pleaded not guilty to drink driving under Section 4 of the Road Traffic Act, 2010.
Garda Byrne said Ms Boyle had bloodshot eyes, slurred speech and there was a strong smell of intoxicating liquor. When cautioned, he said she told him she had drunk two glasses of wine. He said he also saw a half-pint glass at the foot pedals, and said he later noticed liquid on the ground consistent with something having been poured out.
He told the court that he asked Ms Boyle to step out of the car and at 5.38pm he formed the opinion that she had been drinking and was not in proper control of the vehicle.
He arrested her and placed her in the patrol car, which took her to Tallaght Garda Station.
At the station, Ms Boyle opted to give a blood sample. Garda Byrne said he handed a sealed blood kit to the duty doctor, who took a blood sample in his presence. The court heard that the bottles with the samples were sealed and labelled with Ms Boyle’s details, and placed in containers with official red seals. One sample was then sent to the Medical Bureau of Road Safety the following day.
The court heard the result allegedly returned a concentration of 227 milligrams of alcohol per 100 millilitres of blood – which is more than four times the legal limit. Garda Byrne said he then filed a report with his inspector and was instructed to issue a summons.
Defence counsel, Oisín Clarke BL, said the timing of the sample was critical. He argued there was no evidence before the court about how the specimen was stored or secured overnight before being sent to the Bureau the next day.
He said this mirrored the High Court judgment in Ratinskis v DPP, delivered by Ms Justice Sara Phelan on 5 August last, which quashed a conviction on the same point.
The High Court ruling found the chain of custody of a blood specimen must be proven from the time it is taken until it reaches the Medical Bureau of Road Safety for analysis, and that presumptions cannot be relied on to fill any gaps.
Judge Patricia McNamara, who noted that the High Court ruling had not yet formally taken effect, said she would review it, and adjourned the hearing until 23 October.
Tom Conlon appeared as solicitor for the State.