Two-year driving ban for driving with excess alcohol

A DUAGH man has been convicted for driving with excess alcohol and disqualified from driving for two years, despite contesting his case on two legal points concerning garda procedure.

Eamon Fitzgerald, with an address at Lacca West, Duagh, was stopped by gardaí at Ballinruddery, Listowel, on December 16, 2019. Garda Dylan Nolan told the court that he was on duty with Garda Ryan when he observed a car pulling out onto Bridge Road in Listowel.

The car was travelling at 70km/h in a 50km/h zone, and when it went to turn left towards Duagh, the car crossed the centre white line. Gardaí indicated to the driver that he should stop, and he did so. The car had no NCT and was seized. Garda Nolan said he noted that the driver’s speech was slurred and that there was a smell of liquor. He carried out a road-side breath test, which the driver failed.

He was conveyed to Listowel Garda Station, where a subsequent breath test gave a reading of 45mgms of alcohol per 100mls breath.

Mr Fitzgerald’s solicitor, Pat Mann, argued that Garda Nolan gave no evidence of forming an opinion of drink-driving. He said Garda Nolan had informed Mr Fitzgerald he was requiring him to undergo a breath test in relation to his observation of care-less driving.

Under cross- examination by Inspector John Kelly, Garda Nolan said he formed this opinion based on the smell and the driver’s slurred speech and after he failed the breath test.

Mr Mann said Garda Nolan should have indicated that he was seeking the breathtest based on the smell of alcohol and other observations and should have also outlined what happened if he passed or failed it. Judge Waters however said he was satisfied what happened was correct and that Garda Nolan had required Mr Fitzgerald to give a sample because of the careless driving and later formed his opinion based on that test and observations. Garda Ryan gave evidence that he had undertaken a 20-minute observation period on Mr Fitzgerald, as required.

During this, Mr Fitzgerald went to the bathroom, but Garda Ryan said he remained in his observation even while he was in the bathroom. Mr Mann argued that the 20-minute observation should have begun again when Mr Fitzgerald went to the bathroom. Garda Ryan said there was no need to begin the observation again as he observed him through the open door going to the bathroom.

The court heard that Mr Fitzgerald is divorced and is a father of two young children. The disqualification will be a burden, Mr Mann said.

Mr Fitzgerald was also fined €300.