Garda radio and mobile phone frequencies may interfere with the accuracy of breath-alcohol level readings in suspected drunk driving cases, it was claimed in the the High Court in Dublin yesterday.
The submission was made to Mr Justice McKechnie, who granted a Co Kildare doctor, charged with a drink driving related offence, an order preventing his trial from going ahead in the District Court on Monday next.
Dr Christopher Nielson, of Escombe Lodge, Leixlip, claimed the State had failed to provide him with reasonable facilities to inspect the Intoximeter which registered his alcohol breath count as above the legally permitted level.
Mr Pat Purcell, counsel for Dr Nielson, told Mr Justice McKechnie it was being alleged his client had driven his car while having an excessive concentration of alcohol in his breath.
Mr Purcell said Judge Gerard Haughton in the District Court had ordered the DPP to provide Dr Nielson with the frequencies used on Garda radios and also the level of frequencies that could interfere with the use of the Intoximeter.
He said that while Dr Nielson's defence team had been supplied with the radio frequencies used by gardaí, they had still not received those levels which it was believed could interfere with Intoximeter readings.
Despite this, Judge Haughton had directed that Dr Nielson's trial go ahead next Monday.
Mr Purcell said Dr Nielson's solicitor had received letters from the manufacturers of the Intoximeter indicating that radio or mobile phone frequencies could interfere with breath-alcohol level readings and recommending that such communication facilities be switched off during breath tests.
He said the manufacturers had also indicated they had informed police forces in the UK of this recommendation but had not told the Medical Bureau of Road Safety in Ireland about it.
Mr Purcell said he was seeking a stay on Monday's trial until full discovery, as directed, had been complied with.
He said that if further technical evidence became available, Dr Nielson's defence team may seek leave to challenge legally the validity of the Intoximeter as a reliable breath-alcohol level indicator.
Mr Justice McKechnie granted Dr Nielson an order directing Judge Haughton not to proceed with Monday's trial pending further High Court order.