MAGISTRATES have dismissed a charge of drink driving against a Goostrey man because police didn’t followed correct procedure when taking a blood sample.
Kieron Garrihy, 20, of Millstream Close was charged with driving with excess alcohol following a one-vehicle collision in Station Road, Goostrey, at 3.52am on May 27 2013.
He pleaded not guilty to the charge and was due to stand trial at South Cheshire Magistrates Court in Crewe on Tuesday, January 7.
But lawyers for Mr Garrihy successfully argued for the case to be thrown out.
They ruled Mr Garrihy had no case to answer.
Jo Lazzari, District Crown Prosecutor with the Crown Prosecution Service, Mersey-Cheshire, confirmed: “This case was dismissed because the Court found that the way in which the police took a blood sample from Kieron Garrihy at hospital did not follow the exact procedures required.
“This was an unusual case and we’ll be working with our partners in Cheshire Police to see what lessons can be learned.”