A challenge to the validity of the Lion Intoxilyzer, a new device for measuring intoxication in alleged drink-driving cases, was rejected by the High Court yesterday. The decision means that hundreds of alleged drink-driving cases throughout the State, which had been held up pending yesterday's decision, can now go ahead.
Mr Justice Kelly yesterday refused Mr Bruce Antoniotti SC, for Mr Adrian Daly, a former director of Hibernian Insurance, leave to appeal his judgment. Mr Daly, of Brighton Road, Foxrock, Co Dublin, had been charged with drink-driving on December 5th 2000 at Stillorgan Road, Co Dublin. In light of yesterday's decision, his case has now been returned to the District Court.
The Intoxilyzer device has been installed in about 40 Garda stations and garda∅ planned to use it during a pre-Christmas campaign against drink-driving. The Lion Intoxilyzer indicates drink levels on an instant printout.
The DPP had submitted that the device was valid.
The case had been referred to the High Court by way of case stated from Dublin District Court by Judge Gerard Haughton' who was dealing with a drink-driving charge against Mr Daly.
At the conclusion of evidence, counsel for Mr Daly submitted that the prosecution had not proved its case in that there was no evidence that the Lion Intoxilyzer was approved by the Medical Bureau of Road Safety, pursuant to the Road Traffic Act.