€1,500 IN FINES FOR MOTORIST

A GOREY man who drove through an Arklow roundabout on the wrong side and was said to have ‘glassy eyes’ was put off the road at Arklow District Court last Wednesday.

Darren Sheehan of 51 Willow Park was charged with drunken and dangerous driving at Wexford Road, Arklow, on March 12, 2016.

Garda Patrick Phelan gave evidence that on the date in question while on patrol he saw a vehicle drive out from the car park adjacent to the bandstand on Arklow’s Main Street at a ‘faster than normal’ speed.

He followed the car, which at times was travelling at 90km per hour, out the Wexford Road.

Garda Phelan told the court that when he witnessed the car going through the roundabout at the Bow of the Boat on the wrong side; he activated the blue lights and siren and pulled the car over.

He said that he got a smell of alcohol from the defendant, who had ‘glassy eyes’.

Sheehan failed a roadside breath test and a reading of an intoxilyzer test conducted later at Arklow Garda Station produced a reading of 53mcg alcohol to 100ml breath.

Solicitor Tom Honan sought direction when he queried under which section of the Road Traffic Act the defendant was arrested.

He said that if it was under Section 12, then the garda is only permitted to conduct a breath test after an arrest is made.

The court accepted that a typographical error on the garda’s statement should not be used as a reason for dismissal.

Mr Honan argued that if the arrest is tainted with illegality then the defendant is entitled to a dismissal.

‘ The misquoting of an act is not going to negate the legality of any arrest,’ was the response of Judge David Kennedy.

A two-year driving ban was imposed for each offence as well as fines totalling €1,500.