Man guilty of drink driving despite contesting charges

ENDA FITZPATRICK (24) from 3 High Street, Clonegal was found guilty at the District Court of drink driving, despite resisting the prosecution all the way through a hearing that took more than an hour and a half before Judge Brian O’Shea.

The court was given evidence that Fitzpatrick’s car was seen moving at St Michael’s Place in Gorey shortly before 3 a.m. by gardaí on patrol in the town.

Garda William Murphy approached the vehicle in which the defendant was sitting, by now stationary with the lights off.

The accused gave off a smell of alcohol and he failed a roadside breath test before being arrested and brought to the barracks.

He provided a urine sample which proved on analysis for alcohol that he was over the legal limit for driving.

Defending solicitor Gerry Flynn raised a series of challenges to the way that his client was dealt with. Mr Flynn suggested that the garda should have waited 20 minutes before administering the roadside breathalyser.

He complained that there was no evidence of the labelling of the glass bottle containing the urine. He was concerned that there was a break in the chain of evidence dealing with how the sample was sent to the laboratory at the Medical Bureau of Road Safety.

He further pointed out that the Dublin registered car in which Fitzpatrick was found was a Toyota rather than the Opel which Garda Murphy thought it was on the night in question. Judge Brian O’Shea turned down each of these points and proceeded to record a conviction against the 24-year-old electrician.

A fine of €750 was imposed with a two year disqualification which starts in July.