A DISTRICT Court judge who dismissed a drink-driving charge against a motorist who had pleaded guilty to the offence may be directed by the High Court to re-hear the case.
The DPP was yesterday granted leave by Mr Justice Garrett Sheehan to legally challenge the decision of Judge Eamonn O'Brien on June 5th.
Micheal O'Higgins, counsel for the DPP, told the court that motorist George Doran, of Belclare Park, Ballymun, Dublin, had been stopped by gardaí at Jamestown Road, Finglas, Dublin, in November 2007 and was later charged with drink-driving.
When he appeared before Judge O'Brien, Mr Doran pleaded guilty to the offence and Judge O'Brien had asked for the blood-alcohol reading. Judge O'Brien had then said he would take into consideration Mr Doran's guilty plea and the fact that he was "only just over the limit", and strike out the case.
Mr O'Higgins said it was contended that, in failing to hear and determine the charge before the court, and, in particular, in failing to apply the provisions of the Road Traffic Act, the judge had exceeded his jurisdiction.
He said the DPP was seeking an order of mandamus by way of judicial review directing Judge O'Brien to hear and determine the charge against Mr Doran in accordance with law and an order of certiorari quashing the District Court's original decision.
Judge Sheehan granted the DPP leave to mount a High Court challenge to Judge O'Brien's order.