TOLD COP TO LET HIM SLEEP IN CAR

A North Louth driver who told a Garda to let him sleep in his car that was parked on a country road then took off at speed before the officer had a chance to arrest him for drink driving.

Details of the incident, which happened at near Jenkinstown in the early hours of October 27 2014, were outlined to Judge William Hamill at the district court last week where Brendan McGuigan (37), Bavan, Omeath, had pleaded not guilty to summonses for drink driving, dangerous driving, failing to stop and dangerous parking.

Garda Alan Lynch said he was on patrol when he came across a Northern-registered Audi A4 parked at a staggered crossroads close at Mountain Road, Omeath. He said the vehicle was stopped on the road, the engine was running, the lights were on and there was music playing.

McGuigan was in the driver’s seat, asleep and all the doors were locked. The driver’s window was open a little bit and through it, Garda Lynch said he could smell alcohol. The Garda said he banged on the window and was shouting at McGuigan who looked at him briefly and ‘ turned over to go back to sleep’.

Garda Lynch said the defendant ‘eventually woke and switched off the music and lights but went back to sleep’. However, a short time later, McGuigan woke again and when he was asked for the keys, he ‘appeared disorientated’. Garda Lynch said: ‘He showed me cans of beer in the foot well’ and added he wasn’t able to get the keys off him as McGuigan opened the window a little but then closed it again.

Garda Lynch said that at 3.40am, he formed the opinion that McGuigan was unfit to drive the car and asked once more for the keys. He said McGuigan replied: ‘ Alan, am I not alright sitting here at the chapel’. Garda Lynch told the defendant he wasn’t at the church and added he was going to arrest him on suspicion of drink driving.

Garda Lynch told the court: ‘At this point, the car (Audi) rolled backwards towards the patrol car and I shouted at him to stop but he took off on the wrong side of the road, at speed, towards Dawestown’.

Solicitor Conor MacGuill asked the judge to strike out the dangerous driving charge as there was ‘ insufficient evidence for dangerous driving as there was no evidence given of the other vehicles in the vicinity or members of the public being present’.

He also asked for the summons for failing to stop to be struck out as, he said, there was no evidence that McGuigan had not stopped. Mr MacGuill said: ‘ There is also a summons for dangerous parking - the Garda can’t have it both ways’, and added that his client was actually parked on a grass verge’.

In addition, there was no breath or sample test certificate to prove the drink driving summons.

Inpsector Brendan Cadden said the Audi rolled back and drove away on the wrong side of the road. He said that McGuigan was ‘incoherent’ and ‘smelled of alcohol and there was alcohol in the vehicle’.

Judge Hamill said he wouldn’t strike out the summonses and after Mr MacGuill said he wasn’t going to present evidence, McGuigan was convicted. Mr MacGuill said his client is ‘a family man who lives in Omeath and the loss of his licence will be a great inconvenience to him’.

He imposed fines totalling €500 and banned him from driving for four years. He allowed the defendant to appeal in his own bond of €1,000.