Road traffic prosecution should not have been dismissed by District Court

Appeal by accused against ruling of High Court in answer to case stated by District Court - case stated as to whether District Court entitled to dismiss a prosecution pursuant to ss. 4(4)(a) and 4(5) of the Road Traffic Act 2001 - appellant had failed alcometer test and solely on this basis garda officer formed view that he was intoxicated and had committed an offence - result of later breath test at garda station was such as to properly ground a conviction - alcometer test did not test concentration of alcohol in the breath - no indication from the way the appellant was driving that he was intoxicated - District Court found that there was no reasonable basis to conclude that the appellant was incapable of having proper control of a mechanically propelled vehicle, that his arrest was unlawful and that the evidence must be excluded and the prosecution dismissed - case stated to the High Court as to whether this was correct - High Court found that District Court was incorrect in its finding as to the lack of basis for the opinion formed - whether there was a real question of law raised or whether the DPP was seeking to impugn finding of fact by the trial judge.