DRIVER ‘SAT ON’ AFTER ACCIDENT

A 21 year-old motorist, involved in a traffic accident, was apprehended near the scene by three men who sat on him until gardai arrived.

Shane Smith, Corderry, Louth Village, Dundalk, was before the district court on charges of refusing to provide a breath specimen, and failing to keep a vehicle at the scene. The apprentice plumber denied both offences. Richard Clarke gave evidence that between 3pm and 4pm on 25 February last, he saw Smith sitting in the driver’s seat of a ‘ busted up’ car that had collided with his trailer which was attached to a parked van at Coe’s Road.

Smith came towards him, and when he realised he had alcohol taken, Mr Clarke said he asked a colleague to take the keys of his car.

He added the accused then ran away, into a nearby housing estate, Beacon Court. ‘Myself and two colleagues sat on him.’ Richard Clarke told defence counsel Ronan O’Carroll that Shane Smith was rugby-tackled to the ground.

Gda Christian Madsen, who investigated the matter, said he saw a silver Passat crashed into the back of a Transit van.

Richard Clarke told him the man he was sitting on had collided with the rear of his van.

The officer continued that he got a smell of drink from Shane Smith. His speech was slurred, his eyes were glazed, and he was unsteady on his feet. He arrested him at 4.15pm, and brought him to Dundalk garda station.

Gda Robbie Byrne told of taking the defendant to the doctor’s room at the station, and asking him for a breath sample.

He refused, saying ‘you won’t get a sample from me, and you won’t prove I’m drunk.’

The officer added Smith made two attempts to drink water from the tap. He denied being dismissive of him,

Following a submission by Mr O’Carroll, Judge Brennan dismissed the failing to keep a vehicle at the scene charge.

The defence then indicated it would not be offering evidence on the refusal matter. Mr O’Carroll said his client has no previous convictions. Judge Brennan imposed a €500 fine, and a four-year driving disqualification.