DRINKDRIVING CHARGE DISMISSED

An 18-year-old motorist and part-time mechanic has had a drink driving charge dismissed.

Kevin Gorman, 77 The Gardens, Bessbrook, Co. Armagh had denied the alleged offence on the N52, Marshes Upper, Dundalk, on 3 May, 2018.

No direct evidence was given. Solicitor Peter Lavery said the garda saw an ‘open alcohol container’ in the vehicle. He formed an opinion.

A roadside breath-test was taken prior to which there was no 20-minute observation period.

Inspector Liam Archbold replied his colleague adopted a ‘belt and braces’ approach. He formed an opinion before the roadside test.

Mr Lavery countered that by doing the roadside test the officer was putting his own opinion in doubt.

Judge Coughlan agreed and dismissed the charge.

In a separate matter, Kevin Gorman was disqualified from driving for two years and fined €75 for driving without insurance.

He pleaded guilty to the offence which occurred on St Alphonsus Road on 21 August last.

The court heard the defendant has a previous conviction for careless driving.

Mr Lavery apologised on behalf of his client. He thought he was insured.

The disqualification was postponed until 21 July next. Legal aid was granted.