Google map did not dilute evidence of location of offence

Motoristconvicted ofdrinkdriving

A 36-year-old motorist has been convicted of drink driving and driving without insurance.

Edward Gerber, 1 Moorland Row, Armagh Road, Dundalk, had contested the charges on the grounds that the offence did not take place where gardaí said and that the member-in-charge of the station on the night he was arrested was not present to give evidence that the regulations were complied with.

Gda Charlie Barrett told the district court that at 9.40pm on 19 June, 2019 he saw a white Opel van travel the wrong way on Fairgreen Row, a one-way street.

It then emerged right onto Linenhall Street, also one-way, and went in the wrong direction on that road.

On Bridge Street he signalled the driver to stop. The van driver made an erratic turn across in front of the St Nicholas Avenue junction, blocking both lanes.

Gda Barrett said when he spoke to the defendant, he got a smell of drink from him, his speech was slurred and his eyes glassy.

Gerber was arrested on suspicion of drink driving and subsequently at the garda station provided a breath specimen which showed a reading of 82.

When formally charged and cautioned he replied, ‘guilty as charged’.

Solicitor Niall Breen asked the witness how he could be sure it was not in St Nicholas Avenue where the offence occurred.

His client was charged with an offence in Bridge Street, but it took place in St Nicholas Avenue.

The officer said the accused parked across the junction with St Nicholas Avenue and Bridge Street.

Gda Ronan Boyle, who was the driver of the garda vehicle, told Mr Breen he had no notes of the location, and said Gerber blocked the junction on Bridge Street.

Mr Breen argued the court couldn’t be satisfied beyond a reasonable doubt where the alleged offence took place.

Also, the member-in-charge wasn’t present, and the court couldn’t be sure she complied with the regulations.

Inspector John Boyle replied Gda Barrett was present while the defendant was being dealt with by the member-in-charge, and that there was no breach of his rights.

On the other point, he submitted that both officers were familiar with locations throughout the town and relied on their local knowledge.

A Google map produced by the defence did not dilute the evidence that the location was in Bridge Street.

Judge Walsh rejected both defence submissions, and Mr Breen said his client would not be giving evidence.

The judge said she was going to convict and heard there were no previous convictions.

Mr Breen said his client was from South Africa and had been in Ireland five years.

He had difficulties with alcohol. He attended a programme in Cuan Mhuire and had not drank since.

Gerber was married, had no children, and was on the COVID-19 payment.

For drink driving he was fined €250 and disqualified for three years. He was fined a further €250 for having no insurance and received a concurrent two-year disqualification.