Fernhill driver has court case struck out on technicality
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.