Man (33) has driving offence on relief road dismissed
A 33-year-old man, described by a garda as ‘ to all intents and purposes, unconscious’ behind the wheel of a car, has had one count of being drunk in charge, dismissed.
Kenneth Finnegan, 37 Meadow View, Avondale, Dundalk, had denied the offence, which was alleged to have occurred on the Inner Relief Road, Dundalk, on 20 August, 2016.
His counsel successfully argued that there was no evidence the investigating officer formed an opinion that the defendant intended to drive the vehicle.
Garda Clarke said that at 3.10am, he got a report that a silver Skoda Octavia was stopped on the Inner Relief Road, adjacent to the retail park, and about 30m from the roundabout.
He parked behind this car, which was stopped in the middle of the road, and then found a male slumped over the wheel. The door was open, and the engine running.
There were no visible injuries to the driver.
Gda. Clarke said there was a smell of drink in the car.
The man, to all intents and purposes, was unconscious. He tried to rouse the accused, who became quite agitated when he woke, and was using obscenities. It took a while to calm Finnegan down. He didn’t seem to know where he was.
He was subsequently arrested for being drunk in charge of a mechanically-propelled vehicle in a public place.
The defence applied for a direction on the grounds that there was no evidence the garda formed an opinion that the accused intended to drive, and therefore the evidence given was insufficient to justify an arrest.
Inspector Martin Beggy countered that the car was running in the middle of a public road.
Judge Coughlan dismissed the charge.
Jones also admitted the unlawful possession of a small amount of cannabis at Dromiskin, Dundalk, on 23 February, 2017.
A truck driver, earning €600 per-week, it was stated on his behalf he has two young children, and a new partner. Judge Coughlan applied the probation act on the drugs charge, and set bail at €500 cash in respect of what he described as a serious matter.