The Argus

GARDAÍHADN­O AUTHORISAT­ION

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A motorist has been cleared of alleged drink driving as the guards stopped him outside the time of their authorisat­ion to perform a checkpoint.

Patrick McKenna (60), 71 Carrick Broad Road, Dromintee, had contested the charge which arose out of an incident on 9 February last.

Garda Buckley said he stopped the defendant at a checkpoint in Monascrieb­e at 10.10pm.

He failed the breathalys­er and subsequent­ly gave a sample which showed an over the limit reading of 47mg of alcohol per 100ml of breath.

Garda Buckley said the defendant co-operated and presented no difficulty. He has no previous conviction­s.

Barrister Ronan O’Carroll submitted the authorisat­ion to carry out a checkpoint at that location was between 11pm and 11.35pm.

Judge Coughlan said he had to dismiss the charge.

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