Claim by driver that he had swapped seats

A 33-year-old man who was over three times the legal driving limit has been disqualified from driving for three years.

Garda Sean Hoey told the court that on April 28th, 2019 at Cloghogue, Castlebaldwin he noticed a car parked on the hard shoulder at 12.55am, He spoke to Marcus Gorman of Seaview Park, Strandhill who was sitting in the driver’s seat. On speaking to him he got a strong smell of alcohol from him and his eyes were bloodshot. He then felt the bonnet of the car, which was warm and formed his opinion before arresting him.

Gorman said he went to the cinema, had a drink beforehand and a drink after. He said he pulled over as he felt he was not fit to drive and threw the keys under the car.

A subsequent urine sample showed 219mg of alcohol per 100ml of urine.

Subsequent evidence was given by the passenger of the car, Allanah O’Boyle who said she and Gorman went to the garda station the following day to make a statement.

She said she was driving on the night in question and after a car flashed its lights coming towards them she pulled over as she thought she was getting a panic attack. She said Gorman swapped seats with her and she threw the keys under the car.

She told the court Gorman never drove the car on the night.

Asked by Inspector Paul Kilcoyne if she had time to concoct a story, Ms Boyle said ‘no’.

Judge Kilrane said the garda had plenty of evidence Gorman was the driver. Gorman was convicted and fined €400, and disqualified from driving for three years.