In the event that you face charges relating to drink or drug driving, the likelihood of those charges being dropped by the Gardai are exceedingly low. However, there is a possibility that the case against you will get dismissed. Unfortunately, it is difficult to quantify what percentage of drink or drug driving cases are dismissed in Ireland as these figures can change year after year. They also tend to vary depending on the specific location within the Country in which you are focusing. That is not to say that there are no statistics however as in 2019, it was reported by the Courts Service that one in three individuals prosecuted for drink driving avoided a conviction (1). However, if we fast forward to 2022, it was reported that the conviction rate had increased by 13% (2).
Are some cases dismissed?
Yes, some cases do get dismissed and so it is important to remember that facing charges does not guarantee a conviction. If you have been charged, that simply means that you have been accused of either drink or drug driving but whether you are guilty must still be proven in Court. Multiple factors can lead to the dismissal of drink and drug driving cases in the Irish legal system. These can range from something as simple as being charged with the incorrect offence to essential witnesses being unavailable or the disappearance of vital documentation in advance of your trial.
Clearly, in order for a charge to lead to a conviction, the prosecution must successfully establish and prove the essential elements of an offence. If they are unable to do so, the case could be subject to dismissal. Moreover, it is essential for the prosecution to closely follow all relevant legal guidelines, as any deviation from these guidelines may inadvertently create grounds for the dismissal of the case against you. For example, 15 drink driving cases were recently dismissed due to difficulties with the requirement to provide the results of alcohol breath tests in both English and Irish to suspected drink drivers. (3)
What happens when a case is dismissed?
If you faced charges of drink or drug driving, fought the case against you and won – the charges will be dismissed. This means that you will not be convicted of the offence with which you were accused and you will not have a criminal record related to the dismissed charge. You will not face any penalties which means that no fines or driver’s licence disqualifications will be imposed on you.
The dismissal generally concludes the criminal proceedings against you as the State is not typically able to re-try you for the offence once the case has been dismissed.
How often are cases dismissed?
It is next to impossible to determine the frequency of case dismissals due to conflicting reported statistics. For example, the Department of Justice previously released figures which reported that of the more than 20,000 people due before the district courts for drink driving offences, just 6,700, or 40%, were convicted. The Courts Service contracted those figures with its own report which stated that the actual figure stands closer to 86%. (4)
The data available to us does not differentiate between individuals who challenged their cases from those who plead guilty. The likelihood of your case being dismissed hinges on its own unique circumstances rather than overall statistics. Thus, it is crucial to critically assess all of the evidence against you before determining what your next steps will be.
Am I more likely to have my case dismissed if I hire a Solicitor with experience in Drink and Drug Driving?
Unfortunately, no statistical information exists which addresses this query. It goes without saying that if you contest the case against you, you are far more likely to avoid conviction and disqualification than someone who has decided to plead guilty. Remember, if you are found guilty or have plead guilty you will automatically be disqualified from holding a driver’s licence for a set period of time!
If you choose to fight your case, it is always advised to hire a Solicitor, especially one who specialises in drink or drug driving offences. At Daniel Kreith & Co, it is our experience that individuals who secure effective legal representation are significantly more likely to see their cases dismissed compared to those who choose to represent themselves. Solicitors have extensive legal knowledge and training, putting them in the best position to anticipate any potential challenges in your case and formulate a strategy to help address those challenges.
