Case dismissed against driver who admitted having four pints

A MOTORIST who admitted to an arresting garda that he had consumed four pints in a Kilrane pub successfully denied a drink drive charge.

Defendant Eamonn Power (35) from 1 Ard na Gréine, Rosslare Harbour was pulled up on his way home after watching the Ireland versus Fiji rugby game on the evening of November 18, 2017.

He came to the attention of Garda John Hennessy who noted Power’s Volkswagen Caddy van travelling at 80 km/h in the 50 km/h zone.

The siren on the patrol car was activated and the accused stopped at Saint Patrick’s Road where the garda noticed a smell of intoxicating liquor coming from the driver.

Power took, and failed, a roadside breath test which prompted his arrest and a more precise procedure was then carried out at the barracks in Wexford.

The breath sample taken in the garda station suggested an illegal concentration of alcohol, prompting the prosecution which landed him before the District Court.

Defending solicitor Gerry Flynn produced a manual for the Drager breath alcohol screening device – the one used at Saint Patrick’s Road.

Mr Flynn pointed out that it was re- quired by the manufacturers of the Drager device that testing should take place at least 20 minutes after the consumption of alcohol.

The garda responded that he understood this to be a recommendation rather than a requirement.

He accepted that the 20 minute rule, whether a recommendation or a requirement, was not observed in this case.

Judge Haughton felt that in this instance the investigating officer should have either waited the 20 minutes or enquired when alcohol was last consumed.

The charge was dismissed.