Guilty of drink driving

A drink drive prosecution taken against John Kehoe (55) from Ashfield, Garryvarren, Blackwater resulted in conviction, fine and disqualification.

The case was taken by traffic corps Garda Mairead Cummins who was in duty in the Castlebridge area in the early hours of May 13.

She noted Kehoe’s car being driven erratically and pulled him up at Ballyboggan Lower.

The suspect told her he only had two or three drinks before he failed a roadside breath test.

He was arrested and taken to the barracks where the evidenzer confirmed that the alcohol level in his breath was indeed over the legal limit.

The District Court heard that just as he was about to be tested, the suspect asked to go to the toilet.

His request was granted but Garda Cummins decided that, as a result, it was necessary to repeat the 20 minute observation period ensuring that he did not eat or drink anything before blowing into the evidenzer.

Solicitor Gerry Flynn looked for the case to be dismissed as a result of this delay.

Inspector Denis Whelan responded that what Garda Cummins decided to do was common-sense.

Judge Gerard Haughton saw no outrageous denial of Kehoe’s constitutional rights in what happened, so he found the defendant guilty.

He was fined €750 and put off the road for two years.