Judge to rule on drink driving case in a month’s time

JUDGE David Kennedy will make a decision on the outcome of a drink driving and careless driving case in four weeks’ time.

Barbara Hynes, 36 Church View, Arklow, appeared before Arklow District Court on Wednesday charged with drink driving and careless driving on June 25 2016.

As the case was concluding her solicitor, Tom Honan, made a number of legal points against the evidence presented by the defence and called for a dismissal on those grounds.

Judge Kennedy adjourned matters until November 15 when a decision will be made.

Garda Laura Marie Kavanagh gave evidence and described how she was travelling in a Garda patrol car at 3.05 a.m. when she noticed a grey Hyundai heading over Arklow Bridge and driving on a one way street down Lower Main Street. The vehicle was swerving from side to side and, when taking a left turn at St Mary’s Road, clipped the kerb.

The vehicle was stopped and when Garda Kavanagh approached the driver, Barbara Hynes, she got a strong smell of alcohol of her breath. Ms Hynes also had bloodshot eyes and appeared very nervous.

She was arrested and brought back to Arklow Garda Station. The intoxilizer machine wouldn’t work, and instead produced an ‘ambient fail’ reading. As a result, a doctor was called out and a blood sample from the defendant revealed she had 162 mgs of alcohol in her system.

Defence solicitor Mr Honan had a number of points to make. He said in Garda Kavanagh’s evidence she said she had ‘formed an opinion’ after stopping Hynes, but had never confirmed in her evidence what that opinion was.

He further claimed that during the prosecution evidence, it was stated that his client was asked if she wanted to retain a container of her sample, but in Mr Honan’s opinion the Act goes far further than that and there was no evidence presented that his client was offered anything.

Furthermore, in relation to the careless driving charge, he argued that all the evidence given in court related to Main Street and indicating up St Mary’s Road, while the summons only referred to Lower Main Street.