Charges against a man arrested and charged with drunken driving at Silken Vale, Maynooth, on 25 July 2014 were thrown out of Kilcock court because the Judge ruled that he had been handcuffed unlawfully.
24 year old Ross McLoughlin of Cappoquin, Co Waterford had been arrested and charged with drink driving through Maynooth in the early hours of Wednesday morning the 25th July 2014 after Garda Ger Guinan had stopped him and noticed a strong smell of alcohol of Mr McLoughlan's breath. Samples taken from the defendant showed his blood alcohol level was 9mg per 100ml.
The defence case taken by solicitor David Powderly asserted that Mr McLoughlan was cooperative and as a result had been handcuffed unlawfully.
McLoughlin was caught driving with a reading of 109 milligrams of alcohol per 100 millilitres of blood.
Defence solicitor, David Powderly, put it to Garda Guinan that he had handcuffed McLoughlin, despite him being cooperative.
Inspector John Costello asked Garda Guinan if McLoughlin was violent, to which Garda Guinan said he was not.
Following a Supreme Court Judgement in February 2014 DPP v Cullen Judge Zaidan ruled that because there was no resistance his handcuffing was unlawful and that the case must be dismissed.
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