Motorist wins appeal against his drink driving conviction

A FOULKSMILLS motorist who had been banned from driving and fined in the District Court for driving with excess alcohol has been successful in his appeal when it came before Judge Alice Doyle at Wexford Circuit Criminal Court.

Darragh Crowdle of Carnagh, Foulksmills, Co Wexford, was disqualified from driving for two years and fined €1,000 at Wexford District Court on March 18, 2014, for driving with excess alcohol at Arnestown, New Ross, on December 8, 2013.

The court was told that the defendant was driving with 66 micrograms of alcohol to 100 millilitres of breath.

Garda Dean O’Gorman told the court that on December 8, 2013, he was on patrol in Ballinaboola at 1.45 a.m. when he observed a car driving through the village at speed. He followed the vehicle for a couple of kilometres before stopping it, speaking to the driver and asking him to produce his driving licence. At the time, he observed a strong smell of intoxicating liquor while the driver’s eyes were bloodshot. When the driver provided a sample of breath, Gda O’Gorman formed the opinion that he had committed an offence, was intoxicated and not capable of driving.

Garda O’Gorman said the driver was taken to New Ross Garda Station where a test was taken and showed 66 micrograms of alcohol to 100 millilitres of breath.

Replying to Defence Counsel Liam Stafford, the garda said he administered the roadside breath test. The garda said that he was not certain if Mr Crowdle had consumed alcohol within the 20 minute period beforehand, nor did he establish if Mr Crowdle had been drinking in that period.

Garda Elaine McCarthy gave evidence of having carried out the breath test at New Ross Garda Station.

Mr Stafford said that the garda admitted he should not have administered the roadside breath test if Mr Crowdle had not been drinking in the previous 20 minutes, adding that no steps were taken to find out if the appellant had taken alcohol during that period. Gda O’Gorman also made no enquiries as to when Mr Crowdle had last taken alcohol and therefore should not have administered the breath test.

Mr Stafford said that, as a result, there is a significant doubt in relation to that 20-minute period. It also appeared that the full 20-minute period may not have been observed before the machine test, he said.

Mr Stafford also said that there was a wrong name on the printout, a Mr Crowley instead of Mr Crowdle.

Judge Doyle said that when the garda became aware of the name she changed it.

State Solicitor Kevin O’Doherty said the name was a typographical error, there was no prejudice and it does not advance the defence.

Judge Doyle said that had the garda sought to find out if the appellant had taken alcohol during that 20-minute period and formed his opinion, prior to administering the breath test, everything would have been in order.

In view of the fact that this had not happened she would allow the appeal in full.