Dispute over time of drink fails to stop conviction

MOTORIST FOUND GUILTY OF BEING OVER THE LIMIT

DESPITE his solicitor making a case that a roadside breath-test was not admissable as his client had taken a drink less than 20 minutes beforehand, Lorcan Leacy (37) of 15 Beechfields, The Ballagh, was convicted of drink driving at the District Court.

Leacy was also charged with driving without insurance on the same day, July 17, 2015, at Ballaghkeene, however, solicitor Gerry Flynn said that they were not in a position to deal with that charge on the day.

In what was a lengthy case, Garda Cathal Burke gave evidence that he had set up a checkpoint in the village at around 11 p.m. on the night in question. Mr Flynn quizzed Garda Burke on how far the checkpoint was from the pub, The Sawdust, and he said it would have been around 800 yards from the pub, something which the defendant disputed.

The garda said that he first noticed that the defendant was not wearing a seatbelt and then got the smell of alcohol and noticed his speech was slurred. He carried out a roadside breath test, which Leacy failed, before taking him to the garda station where he gave a reading of 68mg of alcohol per 100ml of breath.

Later Leacy gave evidence that the garda had asked him had he been drinking and he had replied that he had drank four pints of Fosters. Garda Burke denied this.

Mr Flynn then brought up operating instructions for the roadside test machine and said that it shouldn’t be carried out within 20 minutes of the person having a drink. Garda Burke said that he had no reason to believe that Leacy had just had a drink.

Mr Flynn moved that the roadside breath test was inadmissable, as the garda ‘must have known’ that the defendant had had a drink within 20 minutes.

He also said that his client stated that he had made the garda aware of this fact.

‘I don’t accept the defendant’s evidence,’ said Judge Haughton in deliberation. ‘If the defendant had told Garda Burke that he had had four pints, then that would be enough for his arrest. No test would have been required. I believe he is mixing up what he had told the gardaí at the station and I’m going to convict him.’

Mr Flynn said that his client had been working in the building trade until the downturn. He said he is now on a CE scheme and asked for a postponement of any driving ban to allow him to get his affairs in order.

Judge Haughton agreed to this and handed down a €500 fine and a three year driving ban, postponed until September 1. The charge of no insurance was adjourned until June 13.