‘Rule are the same’

A 36-year-old man accused of drink driving has had the charge dismissed.

Counsel for Brian Ruddy, 12 James Connolly Park, Newry, successfully argued that the rules for taking a roadside breath test are the same as for taking a breath sample on the Evidenzer machine at the garda station; and that they were not adhered to on this occasion.

Garda Meehan testified that at 11.50pm on 1 August, 2016, he was observer in a marked patrol van heading out the Castletown Road when he saw a silver BMW X5 coming towards them on its incorrect side. A near-collision ensued.

They turned and followed this car which stopped in the forecourt of a Maxol petrol station on Castletown Road.

While speaking to the driver he got a smell of drink, his eyes were glazed and his speech was slurred. There was a can of beer in the central console.

The defendant subsequently gave a breath sample at the station which showed an over the limit reading of 96mg of alcohol for 100ml of breath.

Barrister David Staunton put it to Gda Meehan that he arrested Brian Ruddy, yet his colleague did the roadside test and that is unusual.

Witness replied there was no reason for it.

Garda Andrews, the driver, said he had to take evasive action to avoid a head-on collision.

He then turned and pursued this vehicle which stopped in the forecourt.

Gda Andrews continued that Ruddy produced a valid UK licence. There was an open bottle of beer in the central console.

He requested a specimen of breath and the accused failed the roadside test.

Gda Meehan arrested him. He was co-operative.

The officer told Mr Staunton he didn’t observe a 20-minute observation period prior to the test. It was a roadside test.

Counsel made his submission at that point. Judge Coughlan dismissed the charge.