Judge says lack of language choice not grounds for the dismissal of drink driving case

FAILURE to offer a drink drive suspect the choice of Irish and English in the paperwork was not fatal to the prosecution, Judge John Cheatle ruled at the District Court sitting in Wexford.

He was dealing with the case of self-employed painter and decorator Billy Godkin from 6 Cromwellsfort Heights in Mulgannon who stood charged with an offence committed at Barntown on June 25 last.

Garda Mark Power told how the Volkswagen Passat driven by Godkin came to his attention in the early hours of the morning in question as it was seen swerving across the road.

The accused, a 46-year-old father of three schoolgoing children, was arrested and brought to the garda station where Sergeant Cormac Sheridan took charge of breath testing on the intoxilyser apparatus.

The test disclosed a concentration of alcohol in Godkin’s system which put him in line for a three-year driving ban.

However, defending barrister Dorothy Donovan expressed concern that her client had not been offered the choice of language on the certificate to be printed out by the intoxilyser.

She felt that this was in breach of Statutory Instrument 398 of 2015.

Judge Cheatle response was that it was ‘clear as the nose on your face’ that the arrested man understands English, the language used on the print-out. He felt it would be absurd to dismiss the case on the grounds suggested by Ms Donovan.

He imposed a fine of €150 along with the mandatory driving ban.

It also emerged that the convicted man was not insured to drive the Passat, though he believed he had cover on the night in question, earning him a further fine of €100.