‘Drunk in charge’ of vehicle allegation is adjourned

A JUDGE has adjourned the case of a Greystones man accused of being drunk in charge of a vehicle so that he may consider his decision.

Liam Byrne (47), 135 Seabourne View, Greystones, appeared in Bray District Court on Thursday, February 23, to face the charge, which allegedly occurred at the Burnaby car park, Greystones, on September 9, 2016.

Garda Sinead O’Keefe told the court that she responded to a call at 12.20 a.m., reporting a drunk male getting into a white van.

Garda O’Keefe said that the engine was running, the lights were on and there was a female in the passenger seat.

She said that there was a smell of alcohol and Mr Byrne’s speech was slurred. Garda O’Keefe said she asked him to turn off the engine, which he did.

Garda O’Keefe arrested Byrne and brought him to Bray Garda Station. An initial period of observation was interrupted as he needed to use the facilities. After a second 20-minute period of observation, the evidenzer machine result showed 51 microgrammes of alcohol per 100 millilitres of breath.

Barrister David Staunton argued a number of points. He said that the specific allegation being levelled was that the accused was ‘in charge of a mechanically propelled vehicle with the intent to attempt to drive’, rather than ‘ the intent to drive’.

He said that there was no evidence of the garda having a basis on which she formed her opinion.

Mr Staunton referenced a High Court decision which said that the processing by the member in charge should be unaffected by any other procedure, such as the 20-minute observation period. He said that these two procedures had occurred simultaneously. Mr Staunton produced a case to support his application.

Judge Kennedy adjourned the matter to March 27 to consider his decision.