Man (73) to appeal against failure/refusal to supply specimen
A 73-year-old man is to appeal against his conviction for failure/refusal to provide a breath specimen following an accident in which he collided with a bank.
Noel Raymond Breen, Castlering, Knockbridge was fined €10 and disqualified from driving for four years after a hearing at Drogheda court.
Evidence was given the defendant has a heart condition and gave a partial breath specimen at Drogheda garda station when he was arrested.
Judge Coughlan heard the charge related to an incident Junction 11 of the M1 Southbound, on 26 July, 2016.
It was not contested that a single vehicle accident occurred. Barrister Irene Sands said her client got caught in a hail storm and put on his wipers which caused him to collide with a bank.
She added gardaí were made aware of his medical condition, which was accepted. Her client is of good character and has no previous convictions.
Inspector John O’Flaherty added he provided a road-side breath test at the scene without any issue.
He was arrested at Monasterboice at 2.50pm.
At the station, the garda who operated the machine said the defendant gave no reason to her why he couldn’t provide a test.
He twice failed to give a specimen, the machine giving a reading of ‘insufficient’. He attempted to blow into the mouthpiece, but the air came out the sides before the allotted time elapsed.
Gda Shane Corrigan, member in charge of the station, said a doctor was called to take a sample but he failed to arrive in time and the prisoner was released.
Dr Thomas Hogan gave evidence that he is Mr Breen’s GP since 1980. He had a heart valve replacement, developed an irregular heartbeat, suffered heart failure and continues to suffer from shortness of breath.
All this could have impaired him giving a breath test but the doctor remarked he couldn’t say definitively.
Ms Sands submitted the guards didn’t deem this as a refusal or failure because they phoned for a doctor. He didn’t arrive on time so they are now relying on the breath test, which she said is incredibly unfair.
Judge Coughlan convicted the defendant of the charge, saying he allowed the air go out the side of the mouthpiece.
He added the fine is only €10 in view of the fact Noel Raymond Breen is a pensioner.