CARELESSDRIVING CHARGEISSTRUCKOUT

A MOTORIST had a careless driving charge struck out because the summons issued to her referred to Arklow Lower Main Street while the evidence given in court only referenced Main Street.

Judge David Kennedy had adjourned charges of drink driving and careless driving against Barbara Hynes, 36 Church View, Arklow, for a period of four weeks after defence solicitor Tom Honan made a number of points which he felt should result in the dismissal of all charges.

The incident in question occurred at 3.05 a.m. on June 25.

After the previous adjournment, the matter was back before Judge Kennedy at last Wednesday’s sitting of Arklow District Court.

Mr Honan had said a garda, while giving evidence four weeks ago, had stated she had ‘formed an opinion’ after stopping Hynes, but had never confirmed in her evidence what that opinion was.

Judge Kennedy said the garda had described Ms Hynes as having a strong smell of alcohol on her breath and of also having blood-shot eyes, therefore there was no other opinion she could have formed than the defendant being intoxicated.

Mr Honan had also argued that no evidence had been produced of his client being presented with the option of retaining a container of her sample. However, Judge Kennedy was of the opinion that evidence had been given of her being offered her sample.

In relation to the careless driving charge, Mr Honan had 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.

Judge Kennedy accepted that there was a difference between Lower Main Street and Main Street and struck out the charge.

Judge Kennedy agreed to adjourn all matters until December 13 so Ms Hynes has an opportunity to get her affairs in order.