Failed to give breath sam­ple


Bray People - - What's On Guide -

A MAN who said that he was col­lect­ing a drunk friend from the seafront at the time of his ar­rest was con­victed of fail­ing to give a breath sam­ple, fined € 2,500 and banned from driv­ing for four years at Bray District Court last week.

Joe Fin­u­cane, 5 Cois Sleibhe, main­tained that he had suf­fered an ac­ci­dent at work, break­ing his ribs, and was phys­i­cally un­able to breathe into the in­tox­iliser prop­erly.

He said that he had told gar­daí at the sta­tion, and had asked to give blood or urine in­stead.

Three sep­a­rate gar­daí, how­ever, gave ev­i­dence that they had no knowl­edge of his in­jury.

Fin­u­cane was ar­rested at 12.15 a. m. on the South­ern Cross Road on Jan­uary 15.

A garda gave ev­i­dence in court that he had dif­fi­culty get­ting out of the ve­hi­cle and that she smelled al­co­hol from his breath.

He ad­mit­ted that he had con­sumed about a can and a half of beer ear­lier in the evening at around 7 p.m. but had eaten a big meal pre­pared by his fa­ther.

His fa­ther, Joe Fin­u­cane Snr., gave ev­i­dence that he had been in all evening watch­ing tele­vi­sion with him.

He added that he had cooked him a spe­cial meal of roast beef and pota­toes and spo­ken to him about giv­ing up danger­ous work, as he had taken a fall while in­stalling TV equip­ment on a roof.

Mr. Fin­u­cane said that his son re­ceived a call from his friend around mid­night. The friend was drunk and needed to have his car driven home.

Mr. Fin­u­cane said he drove his son down to the seafront and asked him in the car if he was sure he was in­sured to drive his friend’s ve­hi­cle.

He con­firmed that his son had a chest in­jury. ‘I am a smoker and he had even asked me not to smoke around him be­cause of it,’ he said.

Judge Con­nel­lan ac­cepted the ev­i­dence of the gar­daí, how­ever, that Fin­u­cane had not in­formed them of an in­jury on the night in ques­tion. ‘

The time open to a per­son to do so is when in the garda sta­tion,’ he said, be­fore hand­ing down the fine and the dis­qual­i­fi­ca­tion.

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