Lorry driver’s drink driving appeal fails

A BUNCLODY motorist failed in his appeal against a two-year drink driving disqualification when it came before Wexford Circuit Criminal Court.

Michael Farrell, of Rossard, Bunclody, described as a lorry driver, was convicted in the local District Court of driving while over the legal limit for alcohol.

Prosecuting Garda, Martin Kavanagh, told the court that on August 2, 2014, he had just conducted a checkpoint at Clohamon.

Garda Kavanagh said that at 11.40pm he was just about to leave the checkpoint when he noticed a car pull into the side further down the road by Slaney Meats.

When he approached the car and spoke with the driver, Garda Kavanagh noticed a strong smell of alcohol. He told the court Farrell was unsteady on his feet when he got out of his car.

Garda Kavanagh told the court the defendant said he had a few pints as he was paid that day.

Farrell was brought to Gorey Garda Station, where he provided two breath specimens, with a reading of 57 milligrams of alcohol to 100 millilitres of breath.

Replying to Defence Counsel Mr Liam Stafford, Garda Kavanagh said the appellant was stopped on the Clohamon side of the bridge. He said it was not on the opposite side as suggested.

Defence Counsel Mr Stafford made an application to have the case struck out, claiming that the waiting period of 20 minutes after drinking was not observed. He said that Garda Kavanagh made no reference to waiting 20 minutes and did not ask the appellant when he had his last drink.

However, Mr Kevin O’Doherty, State Solicitor, said the law is well settled in relation to this.

Judge John O’Connor refused the application. In evidence, Michael Farrell, claimed he was stopped on the Bunclody side of the bridge which is Ryland Upper and not Clohamon.

The appellant told the court he stopped his car outside Slaney Meats which is on the Ryland Road side and not Clohamon. He also claimed he did not get his notice of rights at the garda station. He was not asked to sign them as they were not given to him, he claimed.

Replying to Mr O’Doherty he said he stopped at the entrance into Slaney Meats which is before the bridge.

However, Mr O’Doherty said that if he stopped before the bridge he would be unable to see the squad car up the road.

Mr Stafford suggested that there was a conflict of evidence and asked for the appeal to be allowed.

Judge O’Connor said there is sufficient evidence to dismiss the appeal.

Mr. Stafford asked for a postponement of the disqualification as the appellant worked as a lorry driver.

Affirming the order of the District Court, Judge O’Connor imposed the two-year disqualification, to come into effect from May 14 next. The €750 fine was also affirmed.