DRIVING CHARGES DISMISSED

A farrier, accused of a number of motoring offences, has had them dismissed.

James Jennings, 27 Millstream Apartments, Distillery Lane, had denied having no insurance, failing to produce insurance, non-display of insurance disc, failing to produce an NCT cert, and using a vehicle without an NCT cert at Castletowncooley on 11 July, 2017.

Garda Alan Lynch gave evidence that he saw an estate car parked by the roadside. While there, he was approached by the defendant who identified himself as the driver and handed the officer the keys.

The vehicle was seized. A fixed penalty notice then issued but was not paid.

James Jennings told the court he owned the car and wasn’t driving it. He had another vehicle for his job as a farrier.

He and his father work on cars and had to get rid of as many as 15 vehicles. This estate was one of one or two left. It had a broken window, no shocks or turbo and he was using it for parts.

Judge Coughlan dismissed the charge.

Inspector Valerie Gahan gave evidence that 3.15pm on the Armagh Road the defendant overtook a number of vehicles by crossing a continuous white line.

There was significant traffic at the time and Salmins was subsequently stopped.

Solicitor Barry Callan added his client takes home €500 per-week. He has a wife and twentyyear-old daughter. Enda Brogan began at 2.13am prior to a breath sample being taken. The sample showed a reading of 93mg of alcohol per 100ml of breath.

Gda Brogan, in evidence, confirmed the observation period started at 2.13am.

However, when he showed his notebook to defence counsel Sarah Jane Judge, she submitted ‘it quite clearly states 2.30am’.

Inspector Valerie Gahan said the officer’s direct evidence and statement says 2.13am.

‘I see it as 2.13am. It’s very clear to me,’ ruled Judge Coughlan after he looked at the notebook.

On another point, Ms Judge said her client used the bathroom before the observation period and she referenced a judgement of Judge O’Connor in Kerry who held it can create a doubt where a person used the bathroom before hand due to the ‘inhalation of certain vapours’. ‘It’s not a precedent,’ the judge held. He recorded a conviction and imposed a penalty as outlined, postponing the disqualification until 13 May, 2019, at the request of counsel.