MAN DROVE AFTER DRINKING OUT OF A FEAR OF VIOLENCE

A MAN who drove while over the legal alcohol limit to escape the threat of violence has had his case dismissed at Arklow District Court last Wednesday.

John Broderick of 54 Mostrim Oaks, Ballymahon, Edgeworthstown, Co Longford, had been charged with drunken driving at Moneylands, Arklow, on June 1, 2015.

The matter was previously adjourned after solicitor Pauric Hyland had sought direction over an issue with the printout from the intoxilyzer machine.

Mr Broderick did not receive a signed copy on the night in question and Mr Hyland said that this was a fundamental piece of evidence.

Judge Kennedy said that as the item was produced in court he was satisfied that the case was not prejudiced.

The court heard that on the night in question Mr Broderick was staying at Moneylands Farm with his pregnant partner.

He was assaulted and his car was damaged and, because he was afraid of further violence, he took the decision to drive his car towards to main road about quarter of a mile up the laneway.

Mr Hyland said that his client admitted he had drink taken but said that he was motivated by fear and concern for his partner. It was outlined that the accused then called a relative to pick them up and that he had not intended to drive further.

He said that he stopped the car as soon as he came to a street light. He said he felt ‘ let down’ that he was charged when it was he was the one who called the gardaí.

Judge Kennedy said that with regard to all the circumstances, he would dismiss the case but he said that he has ‘some reservations’ in doing so.