UP to a dozen men who have had drink-driving cases dismissed against them in district courts in Donegal face being re-charged if the State overturns a decision of the High Court, Donegal Daily has learned.
It follows a decision by more than 200 people to plead not guilty to drink-driving, using an Irish language loophole.
The High Court has ruled that in cases dealt with before last September those who failed breath tests should have had the breathalyzer readings in both English and Irish.
District Judge Paul Kelly has adjourned many of the cases before him. The Supreme Court is expected to rule on an appeal by the Director of Public Prosecutions of the High Court ruling in March.
However Judge Kevin Kilraine, who sits on cases in the south of the county, has dismissed cases.
Visiting Judge James Faughnan did the same with three cases before him in Buncrana this week.
At the Buncrana sitting solicitors Frank Dorrian and Ciaran MacLochlainn asked Judge Faughnan for the dismissal of their clients’ charges in light of the High Court ruling.
Garda Inspector David Murphy applied for an adjournment in all cases.
But Judge Faughnan dismissed the cases without prejudice.
That means the cases can be re-entered.
It’s understood there is a determination by gardai in the county to re-list the cases should the DPP win the Supreme Court action.
The loophole in the law was closed last September, so anyone caught drink-driving since can no longer use it.