Failed to give breath sample
COURT DRUNK FRIEND CALLED MAN TO REQUEST A LIFT HOME
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.