Alcohol added to cup of tea leads to conviction
ALCOHOL added to tea sufficed to put a 55-yearold motorist over the limit and earn him a two year driving ban.
Noel Meaney from Ballyanne, New Ross contested the prosecution during a lengthy hearing at Wexford District Court.
But after listening to more than an hour of evidence, Judge Gerard Haughton had no hesitation in imposing the conviction.
The woes of the unemployed defendant began in the early hours of May 13 last year as he drove along the N25.
As he pulled out of Ballinaboola in his blue Chevrolet, he was followed by Garda John Paul Scallan.
The garda recalled that it was lashing rain at the time, describing weather conditions as ‘extreme downpour’.
He noted that the driver of the Chevrolet slammed on the brakes and turned right without indicating in Cushinstown.
The car then stopped, with all lights out as he answered a phone call.
Meaney failed a roadside breath test, prompting his arrest, and he was conveyed to New Ross garda station where a more formal breath sample confirmed the illegal concentration of alcohol.
Garda Scallan recalled that the accused told him he had earlier taken ‘a sup in the tea’ at his father’s house.
The witness’s response was that it must have been strong tea, having noted the defendants slurred speech and glazed eyes.
In the barracks, member in charge Garda Conor Walsh noted that the prisoner was five feet and nine inches tall, with no facial hair and no tattoos.
Defending solicitor Gerry Flynn suggested four grounds to the court for dismissal of the case.
He felt that Garda Scallan should have waited 20 minutes before administering the breathalyser in Cushinstown. He raised queries about the 20 minute observation period which preceded the breath sampling in the station.
He pointed out that his client’s date of birth was not recorded incorrectly on the certificate produced by the breath testing machine. And he complained that he had not been furnished with all relevant documents by the prosecution before the hearing.
Garda Inspector Syl Hipwell summed up the defence strategy: ‘it’s like sowing a seed and hoping something will grow’.
On this occasion, the seeds fell on barren ground as Judge Haughton set a fine of €400 for drink driving along with the mandatory two years off the road.
In addition, the court ruled that the sudden braking and right turn described by Garda Scallan amounted to careless driving in such bad weather fine €200