New penalties for drink-driving introduced by Minister for Transport Martin Cullen last month are to be referred to the High Court for clarification.
Under the 2006 Road Traffic Act, signed into law by Mr Cullen last month, the minimum disqualification for drivers convicted of drink-driving rose from three months to one year.
The new law also means that drivers disqualified for drinkdriving can apply to the courts to have their licence restored after serving a minimum of one-year disqualification, as opposed to the previous six months.
A solicitor has claimed the new law is unconstitutional because it would apply to offences committed before the new law came into effect.
The issue came before Claremorris District Court yesterday when Liam Madden (30) from Johnstown, Ballyhaunis, Co Mayo, sought to have his licence restored after six months off the road for drink-driving.
His defence solicitor, Evan O'Dwyer told the court that under the new penalties a driver must serve a minimum of one year off the road with the result that Mr Madden was unable to re-apply for his licence. Mr O'Dwyer said this was prejudicial to his client as this was not the case when he was convicted.
Judge Geoffrey Browne said the law appeared to be retrospective and he referred the matter to the High Court for clarification.
All drivers disqualified prior to March 5th, who were expecting to be able to re-apply for their licence in the coming months are affected by this issue.
A second case referred to the High Court yesterday by Judge Browne has potential implications for drivers detected over the alcohol limit before March 5th, but whose cases have yet to be resolved.
Craig Walsh (23) of Farmhill, Claremorris, Co Mayo, appeared before Claremorris District Court yesterday charged with drink-driving on February 25th last.
His solicitor, Mr O'Dwyer, told the court that between the detection and prosecution of his client increased penalties for drink driving had been signed into law.
"At the time he was detected, my client [Mr Walsh] would have been aware that he was facing a disqualification period of two years. Now he appears in court on April 12th, and the penalty has doubled." Mr O'Dwyer argued this was prejudicial to his client.
Judge Browne said he was "satisfied there appeared to be a retrospective effect for an Act which does not specifically permit retrospectivity". He has referred this legal point to the High Court.
The Irish Timesunderstands that solicitors in Co Cork and Co Waterford plan to argue along very similar lines when their clients come before the courts charged with drink-driving in the coming days.
