Driveronantibioticsaccusedof notprovidingbreathspecimen
A motorist accused of two failure to provide breath specimen charges, has had them dismissed after a judge ruled that the authorisation for a checkpoint the defendant was stopped at, was not submitted in evidence.
‘Based on that alone, and following on from that, everything else must fail,’ Judge Miriam Walsh remarked.
Before the district court was
Shannon Donaghy (23), 17 Lisbeg, Crossmaglen, Co. Armagh, who was stopped at the checkpoint in Dundalk at 2.10am on 4 May, 2019.
She denied one charge of failing to comply with a requirement to provide a specimen of her breath for a roadside test in Clanbrassil Street; and also pleaded not guilty to failing to comply with a requirement for two specimens of her breath at Dundalk garda station later the same morning.
The defendant gave evidence that at the time she was on anti-biotics for chest and throat infections and ‘ tried my hardest’ to give breath samples.
She admitted having two bottles of Kopparberg to drink earlier on the night of 3 May.
The court heard that there was no prosecution resulting from a urine sample subsequently provided by Ms Donaghy.
Gda. Damien Fanning said he stopped a UK-registered grey Seat Ibiza driven by the accused.
After asking for a breath specimen, he added that she made a number of attempts but failed to provide an appropriate amount. He explained to her she had to make one long, continuous breath.
At 2.20am Gda. Fanning told Shannon Donaghy he was arresting her for failure to provide a breath specimen.
The court heard she made three attempts without success to give breath to the Evidenzer machine at the garda station before the three-minute time period elapsed.
Cross-examined by defence counsel Stephen Faulkner, the witness said the driver gave no explanation why she couldn’t give breath.
He was not satisfied with the effort she made at the side of the road.
Gda Fanning said he could not dispute a medical cert he had seen that morning.
It was included in the custody record that she was on anti-biotics for chest and throat infections.
Shannon Donaghy testified she tried her best (to provide a breath sample) at the roadside and that she told the guard she was on medication for a chest infection.
She was arrested and taken to the station.
‘I was a bit shocked and panicked a wee bit.’
The witness continued she made ‘ three genuine attempts’ at the station.
A doctor was called and she provided a urine sample.
Under cross-examination she accepted that alcohol was not a helpful addition if she was on anti-biotics.
Mr Faulkner made a number of submissions, primarily that the prosecution relied on the checkpoint authorisation, which it failed to submit, ‘and anything that emanates from the checkpoint is inadmissible’.
It was accepted by the prosecution that the authorisation was not handed in to court.
Judge Walsh dismissed the charges. She granted legal aid for counsel.