Convictedof drivingoffence

A 30-year-old woman has been convicted of being drunk in charge of a car on a date last year.

Gemma Dullaghan, 25 Legion Avenue, Dundalk, had denied the offence which occurred at Pearse Park on 12 November, 2017.

She claimed she had gotten into the vehicle to calm down after a row with her boyfriend the night before, and had the engine on to heat the car.

Garda Tom Murray gave evidence that while on patrol at 9am, he saw a green Mini pulled in at Pearse Park.

He saw the accused in the driver’s seat, wearing a seat belt. The keys were in the ignition, the motor was running, and she had an open can of Budweiser in her hand.

Gda. Murray continued he couldn’t wake her, and got Gemma Dullaghan’s father to rouse her.

When she opened the window, he got a strong smell of drink. On exiting the vehicle, she stumbled and was unsteady on her feet.

She was arrested at 9.10am, and subsequently gave a breath specimen which showed a reading of 61.

The judge rejected an application for a dismissal.

A solicitor for the defendant said her client had to have been in charge of the vehicle, but she was in a deep sleep, and had relinquished control.

However, Judge Coughlan said the evidence pointed to her being drunk in charge.

He also said the accused was not prejudiced by mistakes in a garda statement about the time.

Gemma Dullaghan told the court she woke up to see two guards at the window, and her father standing behind them.

Because she was asleep, she probably stumbled.

She’d had a ‘bit of a row’ with her boyfriend, and went to the car to calm down, as she didn’t want to walk into her father’s house drunk and in a state.

The defendant denied wearing a seat belt, adding ‘I had absolutely no intention to drive the car’.

She also said she didn’t have her hand around of can of beer. Neither was she sitting upright in the seat.

She remembered parking her car the evening before, and then going up the town to watch a football match with her boyfriend.

Witness told Judge Coughlan she couldn’t explain why the prosecuting guard was only hearing now about a row with her boyfriend.

The judge said he preferred the garda evidence, and convicted the accused.

He imposed a €75 fine, and two-year driving disqualification.