Drink driver fails to convince judge that arrest was unlawful

A MAN who was more than four times over the drink-driving limit appeared before the District Court last week, maintaining that the garda who pulled him over had no reason to do so and therefore his arrest was unlawful.

Vincent O’Connor (42) of Ballylucas, Ballymurn, was charged with drink driving at Glentire Heights, The Ballagh, on March 18 last.

Early on, solicitor Garrett Fitzpatrick set out his stall and said that, while it would be the evidence of Garda Niall Brophy that he noticed the defendant had bloodshot eyes and opted to pull him over, he had an independent expert who would state that it was almost impossible that Garda Brophy could have made this observation from a moving vehicle.

Giving evidence, Garda Brophy said that on the day in question, he was in the patrol car and was turning right at a t-junction in the Ballagh. The defendant was waiting to turn from the opposite side and Garda Brophy said that ‘I made eye contact with him and clearly observed that his eyes were bloodshot’. At this point, O’Connor successfully completed his right-hand turn and Garda Brophy opted to do a U-turn and pull him over, stopping at Glentire Heights.

‘It became apparent immediately that the driver was intoxicated,’ Garda Brophy said. ‘His speech was slurred and there was a strong smell of intoxicating liquor. He was smoking a cigarette at the time. I asked him to exit his vehicle and observed him as unsteady on his feet, swaying from side to side.’

At this point Garda Brophy said the defendant pleaded with him ‘garda can you please just drop me home? I won’t do it again’.

O’Connor was brought to Wexford Garda Station where he returned a reading of 103mg of alcohol per 100ml of breath.

Mr Fitzpatrick put it to Garda Brophy that a report from engineer Martin Dunbar would state that it was ‘near impossible’ for him to observe the condition of the defendant’s face and eyes.

‘I don’t recall any issues of observation,’ Garda Brophy replied. ‘I had a perfect view. I have no problems with my eyesight. I know what I saw.’

Mr Fitzpatrick went on to say that, even if his client had bloodshot eyes, there could have been a number of reasons for this such as crying, or the smoke from his cigarette getting in his eyes.

‘Or he could have been drinking,’ replied Garda Brophy. ‘Which is why I opted to pull him over.’

Stating his case to Judge Haughton, Mr Fitzpatrick said: ‘Garda Brophy has fairly said that bloodshot eyes were the reason he U-turned and followed my client. There has to be some doubt as to whether a garda passing in a moving vehicle could establish if eyes were bloodshot. Even if you don’t accept this, I would still say there was nothing sufficient enough for him to follow and stop Mr O’Connor.’

Judge Haughton was firm in his ruling, stating that the garda doesn’t need a reason to pull someone over provided he’s not acting capriciously, arbitrarily or maliciously.

‘Garda Brophy was very specific about seeing bloodshot eyes,’ Judge Haughton said. ‘I’ve no reason to doubt that. It raised a suspicion and he was therefore obliged to follow it up. There is no question here of it being arbitrary or malicious. Sgt Brophy was entitled to stop the defendant as he did and in my view the arrest was entirely lawful.’

Mr Fitzpatrick said that his client didn’t wish to give evidence, before outlining that he’s a father of two and a part-time block layer. With regards to all the facts, Judge Haughton handed down a fine of €500 and a three-year driving ban.