Drink driving case adjourned due to legal argument

Drink drive prosecution of Michael Leacy (45), 3 Hillview Close, Irishtown, New Ross was adjourned for legal reasons.

His solicitor queried the lack of evidence that the defendant was offered the choice of an English or Irish language certificate from the intoxilyser which analysed his breath and found he was over the limit.

The case against Leacy was taken by Garda Kevin Burke.

He was told by the accused arrested at Irishtown in New Ross on March 2 last that he had consumed three or four pints earlier that night.

The arrest took place after Leacy was followed by the patrol car as Leacy’s silver Peugeot 307 made its way through the streets of New Ross from Mary Street to Haughton Place and on to the N30 at Irishtown.

Solicitor Gerry Flynn was concerned that his client’s date of birth was not correct on the certificate, which he felt was not a trivial matter.

The judge was not convinced by this line of argument

However, Mr Flynn was on more encouraging ground when he pointed out that intoxilyser operator Sergeant Richard Daly made no reference during his testimony to offering the choice of language.

The matter was put back a week to allow the solicitor produce case law in support of his contention that the matter should be struck out.