Mo­torist who told gar­dai he drove af­ter four pints has case dis­missed

Gorey Guardian - - NEWS -

A MO­TORIST who told the gardaí he con­sumed four pints be­fore his ar­rest had a drink drive charge dis­missed when the case was heard at Wex­ford Dis­trict Court.

Af­ter hear­ing more than an hour of ev­i­dence, Judge Ger­ard Haughton ruled that the cir­cum­stances around the tak­ing of a urine sam­ple from Ger­rard Con­nick of 14 Con­vent Court, New Ross were not sat­is­fac­tory.

The sam­ple showed a con­cen­tra­tion of al­co­hol above the le­gal limit for driv­ing.

How­ever, the judge was con­cerned at the way that the 55-year-old ac­cused was de- tained for an hour and a half at the bar­racks in New Ross.

No ev­i­dence was given that, dur­ing this time, any en­quiry was made by the gardaí to Care­doc as to why no doctor had ap­peared.

In the end, Care­doc was in touch with the bar­racks to tell the gardaí they would not be able to come to the sta­tion that night.

The ar­rested driver was then trans­ferred to Wex­ford where Doctor Stephen Bowe was avail­able to do the nec­es­sary.

The pros­e­cu­tion was ini­ti­ated af­ter Garda Deirdre Cal­li­nan spot­ted Con­nick at the wheel of a Nis­san Pa­trol jeep at the Ir­ish­town in New Ross on the night of May 1 last year.

The jeep was be­ing re­versed out of a park­ing slot but, when the driver no­ticed the pa­trol car, it re­turned to the kerb and Con­nick got out.

When asked why he parked up the jeep, the ac­cused told her he had a few pints.

In the sta­tion, he told the mem­ber in charge that he was an asth­matic, so it was de­cided to take a sam­ple of blood or urine rather than test his breath.

Garda John Paul Scallan noted not only that the pris­oner was sin­gle with no tat­toos but also that he said he had four pints.

Ev­i­dence was pre­sented by Garda Brian De­laney who was in charge at the sta­tion in Wex­ford and by Garda Diar­muid Burke who posted the urine sam­ple to the lab­o­ra­tory for anal­y­sis.

De­fend­ing solic­i­tor Gerry Flynn ar­gued that it was un­rea­son­able and un­jus­ti­fied to have done noth­ing about the de­lay in Care­doc ar­riv­ing.

The judge agreed that the court had been of­fered no ex­pla­na­tion for the one and a half hour de­lay, dis­miss­ing the case.

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