Drink-driving case dismissed as man ‘had to drive to save woman’ CIRCUIT COURT RULING IN KILLARNEY BELIEVED TO BE ONE OF THE FIRST OF ITS KIND

IN what is believed to be the first of its kind in Ireland, Judge James O’Donohoe has dismissed a charge of driving with excess alcohol against a Sneem man as it was necessary for him to drive while under the influence of acohol to help save a woman.

“It was very foolish but in the circumstances and on this occasion he has established a defence of necessity,” said Judge O’Donohoe.

Jimmy O’Brien of South Square, Sneem, told Killarney Circuit Court last week he had been out on the night in question at the Sneem Hotel when he was informed of a domestic situation involving his brother - who was ‘on the drink’. Mr O’Brien had been drinking and had taken a taxi to the event at the hotel.

However, in order to search for his relative who was in fear for his brother, he drove his van and was detected driving with excess alcohol.

He had been convicted of this offence at the district court but appealed his conviction to

Killarney Circuit Court.

During his appeal he told the court he drove his van to track down his cousion who he was extremely worried about.

“I knew my brother could be nasty and contrary so my first though was to remove her,” he said.

“I was worried I was agitated and I wasn’t happy,” he said.

Mr O’Brien said he has concerns for her safety and her mental well-being on the night in question.

“I thought I was saving a woman from a beating. I thought I was rescuing a person,” he told the court.

The gardaí has been called to the domestic situation. The nearest patrol car was in Cahersiveen and took over an hour and a half to respond to the call, the court heard.

When the 999 call was made gardaí had indicated the time they would take to respond and suggested that an ambulance call should be made as this would be quicker.

However, the nearest ambulance base is in

Kenmare or Killarney, so it would also take some time to, Senior Counsel Brian McInery argued.

He further argued that in other jurisdictions there is case law around driving under the influence and personal safety.

However, in this case it was not Mr O’Brien’s personal safety that was the issue but that of another person.

However, Bl McInery, argued that this law should be extended to not only the person’s life but also to life of others.

Mr O’Brien took a taxi to try and find her but was unable to locate her and went home. He then decided to get in his van again and search for her and he arrived to the house when the gardaí were dealing with the situation.

Garda James Morris of Cahersiveen Garda Station told the court that the van approached the house at high-speed.

In it was Mr O’Brien, who said was worried about the woman in the domestic incident at Scrahanagar, Sneem on June 18,2017. Garda Morris noted that Mr O’Brien was under the influence and arrested him on suspicion of drink-driving. A subsequent breath test reading was 51mgs of alcohol per 100mls breath.

BL McInery said Mr O’Brien had travelled for about a mile in an “emergency situation involving a serious concern of well-being” and that it comes under a defence of ‘necessity’.

State Solicitor, Edward O’Sullivan argued that such a defence made ‘no sense’ as it could be used for every situation.

He further argued that what Mr O’Brien did was ‘irresponsible’ .

Judge Donohoe said that Mr O’Brien struck him as a ‘genuine’ individual.

“What made me believe him is that he had taken a taxi there and back.

“I agree with Mr O’Sullivan that this is not a carte blanche but this was an isolated incident. He did a silly thing in the circumstances but he feared for the safety of his sister-in-law,” he said.

He allowed the appeal and the drink driving conviction and driving ban was dismissed by the court.