Drunkdriving chargedismissed

A 49-year-old woman accused of drunk driving, has had the charge dismissed at Dundalk court.

Jacqueline Kiernan, 2 Gort Nua, Station Road, Castlebellingham, had pleaded ‘not guilty’ to the offence which was alleged to have occurred at Newry Road, Dundalk, on 27 September, 2017.

Following a defence submission, Judge Mitchell said he had a doubt as to whether the recommended 20-minute observation period was complied with, before a breath sample was taken from the accused at Dundalk garda station.

Garda Joseph Bell gave evidence that at 11.40pm on the date in question, he saw a black Jaguar car crossing the centre white line on occasions.

This vehicle was also braking, then proceeding on.

After he stopped it on the Newry Road, he saw that the driver’s eyes were glazed, and got a strong smell of drink from her.

He arrested the accused at 11.50pm, and added that a subsequent breath test showed a reading of 80.

Garda Enda Brogan said he started the observation period in the public office of the station at 12.10am, on 28 September, and it ceased at 12.30am.

It was put to him by barrister Ronan O’Carroll that the first reading from the intoxilyzer machine in the doctor’s room, indicating it was ready to start the analysis phase, after all the