Road Traffic – Drink/Drug Driving
DPP v Mihai Avadanei:
Michael Staines solicitor appeared in Dublin District Court representing Romanian national Mr Avadanei on a drunken driving charge. Our application was for the case to be dismissed as the printed document produced by the Evidenzer machine was in English only, and not in both English and Irish, as provided in section 13 Road Traffic Act 2010. The District Court judge referred the matter to the High Court by way of consultative case stated. The High Court held in favour of the accused and this decision was appealed by the DPP to the Court of Appeal, which reversed the decision of the High Court.
Mr Avadanei was granted leave to appeal by the Supreme Court in July 2016; the DPP was also granted to leave to appeal certain findings on the same date. The matter now stands listed for a directions hearing before the Supreme Court on the 26th October 2016.