Putofftheroad forfouryears

A man who failed to give a specimen of breath was banned from driving for four years, and fined €1,200.

Oscar Ó Broin (21), 47 Carrig Mill, Killincarrig, appeared in Bray District Court last Thursday.

On May 19, 2019, gardai were called to a crash on the Southern Cross Road. They saw a white Suzuki Swift with frontal damage, stationery at the roundabout. Oscar O’Brien was on the drivers side and gardai asked if he needed medical assistance. His eyes were bloodshot and gardai could smell drink, the court heard.

He told gardai that he had been out in Bray and was driving home. He could not recall the amount of alcohol or the last time he had consumed alcohol. He was arrested at 3.30 a.m.

The court heard that at Bray Garda Station, O’Brien gave insufficient breaths on three occasions.

Solicitor Michael O’Connor said that his client was blowing a full breath, and couldn’t blow any more. He argued that everyone has different lung capacity. ‘I think you expected him too give more breath than he was physically able to,’ said Mr O’Connor.

He also said that there appeared to be con‑ fusion over who was present for a 20‑minute period of observation prior to the intoxiliser test.

He said that the garda acting as member in charge was also acting as the intoxiliser garda and the two are not compatible.

Judge David Kennedy refused Mr O’Connor’s applications and convicted the defendant.

Mr O’Connor said that his client is a student in college studying to be a teacher. ‘He accepts that this behaviour falls far short of what is expected of him,’ he said.

Recognisances was set at €500 in the event of an appeal.