Fern­hill driver has court case struck out on tech­ni­cal­ity

Bray People - - News -

A FERN­HILL MAN who ad­mit­ted to Gar­daí he had been driv­ing ‘with drink taken’ af­ter crash­ing into a car had the case against him struck out at last week’s sit­ting of Ark­low District Court.

John Mol­loy, (52) 80 Fern­hill, Ark­low was charged with drunken driv­ing, hit and run - fail­ing to give ap­pro­pri­ate in­for­ma­tion, hit and run - fail­ing to re­main at the scene, hit and run - fail­ing to stop, hit and run - fail­ing to re­port oc­cur­rence, driv­ing without in­sur­ance, driv­ing without a driv­ing li­cence and fail­ing to pro­duce both doc­u­ments at Fern­hill on April 19, 2008.

He de­nied the charges and Garda Therese Kelly said she re­ceived a call from Martin Byrne of 94 Fern­hill at 00.10am on the morn­ing in ques­tion. He said he was sit­ting in his liv­ing room when he heard a loud crash out­side and when he went out­side he saw car reg­is­tered 97WX5103 had crashed into his car. He told the driver to re­main at the scene and went in to call Gar­daí.

When he came back out the driv- er had gone from the scene. He re­turned at 00.25 a.m. and Garda Kelly cau­tioned him af­ter he ap­proached her. He ad­mit­ted driv­ing the car and hit­ting Mr. Byrne’s car af­ter he ‘had drink taken’.

He was ar­rested and was asked to give a sam­ple of urine or blood.

Act­ing for Mol­loy so­lic­i­tor Fergus Kin­sella said he was ap­ply­ing for a dis­missal as Mol­loy didn’t own 97WX5103. His car was in fact 97WW5103. Judge Mur­rough Con­nel­lan dis­missed the drunken driv­ing charge as Garda Kelly had asked him to pro­vide a urine or blood sam­ple rather than a blood or urine sam­ple. He dis­missed the other charges as the regis­tra­tion on the sum­mons was in­cor­rect.

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