Drink driver (24) was three times over the legal limit

DRIVING while over three times above the drink driving limit has resulted in a €600 fine and a three year driving ban for Jonathan Lawlor (24) of Ballinakill, Courtown.

Lawlor was charged with drink driving at Esmonde Street on August 2 of 2014 and the matter was contested by solicitor Garrett Fitzpatrick before Judge Haughton.

Garda McGrath gave evidence that he was driving down Main Street in Gorey on the day in question when he noticed the defendant ‘driving erratically’ and that he had clipped the kerb. He subsequently pulled him over and said that Lawlor was unable to roll down the window and had to open the driver’s door to speak with him.

Garda McGrath said that when he informed Lawlor that he was being arrested on suspicion of drink driving, he replied that he could not arrest him for drink driving as there was no key in the ignition. Garda McGrath again explained the reason for Lawlor’s arrest, at which point the defendant began writing down everything the garda said on a piece of paper.

‘He dropped the piece of paper on exiting the vehicle,’ Garda McGrath continued. ‘He nearly fell when picking it up and I had to steady him on his feet.’

Upon reaching the station, Lawlor began a 20 minute nil by mouth period of observation before a demand was made of him to provide a sample using the evidenser machine. He returned a reading of 70mg of alcohol per 100ml of breath.

Mr Fitzpatrick raised two points with the Judge. Firstly he contested that Garda McGrath had insufficient grounds to pull his client over in the first place; something which was rejected by Judge Haughton who said, having seen him clip the kerb, the garda was entitled to pull Lawlor over. The second point, Mr Fitzpatrick conceded, was an unusual one. He said that a legal requirement should have been made of his client in relation to providing a sample before he began the 20 minute period of observation. Again, Judge Haughton rejected this and said that correct procedure had been followed by the arresting gardaí.

In mitigation, Mr Fitzpatrick said that his client was working as a trainee mechanic in Dublin and the loss of his licence would likely result in the loss of his job. He asked that any ban imposed by postponed until November to allow Lawlor to get his affairs in order. When Judge Haughton asked if the defendant had made the insurance company aware of the prosecution, he was told he hadn’t.

‘I won’t postpone in that case,’ the Judge said, before offering some concession. ‘I can adjourn for two weeks to allow him to notify the insurance company. If they agree to cover him, then I’ll agree to the postponement.’

Lawlor was handed a €600 fine and a three year ban and the case was adjourned until October 3 to deal with the issue of postponement.