The issue of whether a garda has the authority to open the door of a car when he or she suspects drink-driving will be addressed in court on October 3rd.
Judge Con O'Leary had listed the case against Sheila O'Sullivan of Palmbury Orchard, Togher, Cork, for decision yesterday but agreed to adjourn it on application from the State to allow State solicitor Barry Galvin attend.
At an earlier hearing, Ms O'Sullivan's solicitor, Joe Cuddigan, applied to have the case against his client dismissed on the basis that Garda Frances Murphy did not have the legal authority to open the door.
The court had heard evidence from Garda Murphy that Ms O'Sullivan drove the car into her own driveway and almost collided with a wall, whereupon Garda Murphy opened the driver's door and spoke to her.
Some five minutes later, Garda Murphy arrested Ms O'Sullivan on suspicion of drink-driving. She appeared before Cork District Court on July 28th, when Mr Cuddigan asked Garda Murphy to cite her legal authority for opening the car door.
Mr Galvin said the authorities stated that the power to open a door in those circumstances was so obvious it was not necessary for it to be set down in law.
Yesterday Judge O'Leary expressed some doubts and he adjourned the matter.
