E67 The Fifth Court - Michael Daly, BL, author

The Fifth Court - DSBA Legal Podcast of the Year

E67 The Fifth Court with Peter Leonard BL and Mark Tottenham BL

On this episode, former Garda sergeant now barrister, Michael Daly BL, author of a new book on drink and drug driving in Ireland discusses some of the many legal issues involved in this most contentious area of law.

The book a meticulously compiled guide, unravels all the dimensions of drink and drug driving offences offering up the knowledge and insights necessary to navigate this ever-evolving complex area of law. His book draws on judgments of the Superior Courts in this jurisdiction and elsewhere, and explores the intricate web of statutes, regulations and constitutional principles that inform this area of law.

From the initial stop by the Gardai to sobriety tests, blood alcohol concentration analysis and trial procedures, each stage of the legal process is dissected with precision. This arms the reader with a comprehensive understanding of the nuances involved.

The layout follows a chronological order from the initial suspicion by Gardaí right through to an appeal to the Circuit Court or a case stated.

Beyond the courtroom, the broader implications of drink and drug driving is referred to including, but not limited to the rights of victims, comments by the Judiciary and the cost to society.

Peter and Mark also discuss three more cases from the Decisis.ie casebook.

• A case involving a property dispute where there were questions about the property's title
• A labour law dispute between a trade union and a large construction contractor focussed on previous agreements and whether all necessary criteria had been met.
• A third case involving the purchase of property in Italy by a number of family members and where the judge decided that a full hearing of the facts was necessary.

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