A judge has said that the power to arrest a person for dangerous driving on a warrant subsequent to the offence is a grey area of law which needs to be clarified.
Judge Gerard Haughton yesterday adjourned the case of a man whose lawyer has challenged the legality of the case against him for alleged dangerous driving.
Alan Donoghue, Summerhill Parade, Dublin, faces dangerous driving and insurance charges from April 2003.
It is alleged that he was spotted getting on to a moped as he left his home and when gardaí went to stop him, he took off, driving along footpaths and into a flats complex where he abandoned the bike and disappeared. Two weeks later, he was arrested on foot of a warrant. Lawyer Declan Fahy said there was no legal power for a warrant to be issued for an arrest on a dangerous driving charge, other than in exceptional circumstances. Gardaí could proceed by way of summons and only when a person did not turn up in court could an arrest warrant be issued.
The DPP said there was case law which made it permissible provided there was not a conscious rights violation.
Judge Haughton said he was prepared to state a case to the High Court as it was a "grey area" of the law. However, he wanted to consider the matter and adjourned the case to June 16th.