Drink-drive case fails as driver not offered English/Irish choice

A DRINK drive prosecution against Wayne Kehoe (38) of Ballinaclash, Blackwater failed because the defendant was not offered a choice between English and Irish on paperwork.

The case taken by Garda Alan Hayes arose after Kehoe failed a roadside breath test on the forecourt of the petrol station at Castlebridge on the afternoon of September 4 last year – the Sunday of the All-Ireland hurling final.

The accused had been watching the match in the house of a friend and they came out afterwards to go to a shop in the village of Castlebridge.

Defending solicitor, appearing for Wayne Kehoe at the District Court sitting in Ardcavan, offered Judge John Coughlan three reasons for dismissing the case.

The judge found against him when the solicitor argued that the roadside breath test should not have been taken within 20 minutes of Kehoe drinking.

There was no joy for the defence either when Mr Flynn suggested no evidence had been given that the forecourt was a public place as required under the legislation.

However, he was on firmer ground when he pointed out that the court had not heard testimony to confirm that the arrested motorist was asked to nominate which language he wished to have the intoxilyser machine in the barracks produce his certificate.

The case was dismissed.