DRUNK DRIVER VEERED ‘LEFT AND RIGHT’ PASSING GARDA STATION
MAN PUT OFF ROAD FOR THREE YEARS AND FINED €300 ON CONVICTION WHEN JUDGE FINDS EVIDENCE ACCORDS WITH REGULATIONS
A LISTOWEL man drunkenly swerved his car left and right as he passed Ballybunion Garda Station in August of 2016 while being observed by gardaí who had been following behind in a patrol car after seeing the car earlier swerve into an oncoming lane, causing another car to stop.
James O’Leary, 19 Hawthorn Drive, Listowel, pleaded guilty to drunken driving at the East End, Ballybunion on August 2 of 2016, before Judge David Waters at Listowel District Court on Thursday, September 20.
Detective Garda Emma Mullane told the Court that she had been on duty with Gda David Murphy in a patrol car in Ballybunion on the night when they observed a Renault leaving the Supervalu carpark in the town in front of them by moving slowly towards the exit. It came to a stop before driving out and had no lights on.
Gda Mullane noticed the car swerving ‘very wide into the wrong side of the road...[causing] a car to come to a stop’.
“We followed it, the driver was driving at 10kph...they were veering left and right as it passed the garda station at the East End. It was at this point Gda Murphy activated the blue lights, however it did not stop,” the Gda explained.
Gda Murphy drove up alongside the car, indicating the driver to stop, but he kept driving until the gardaí eventually overtook it and brought it to a halt.
Gda Mullane said the driver identified himself as James O’Leary. “He was extremely incoherent. His eyes were bloodshot, he was slurring his words and there was a strong smell of alcohol from his breath...I asked him to step out and as he did so he slid down towards the rear of his car...”
Gda arrested Mr O’Leary at 00.02. He made no reply to caution. He was subjected to breath analysis at Listowel Garda Station, which returned a reading of 91mcgs pf alcohol per 100mls of breath.
Under cross-examination by solicitor Pádraig O’Connell, Garda Murphy said that Mr O’Leary had undertaken to provide two breath samples – however his second attempt had proved unsuccessful, so he was required to try again. He provided the second sample (at 1.01am).
Mr O’Connell ultimately sought a dismissal of the charge on the grounds that the custody record in the case had not been produced as a document to the court. Inspector William Wallace pointed out that both officers had given their evidence in the case.
Judge Waters remarked that the custody record is not a formal proof and said that all he required in order to be satisfied was for the formal proofs to be completed.
“I have heard the evidence.. he was treated in accordance with custody regulations,” Judge Waters said. The judge convicted Mr O’Leary, fining him €300 and disqualifying him from driving for three years. Recognisance was fixed in the event of an appeal.