Motorist cleared in ‘drunkin charge’ case

A motorist who contested a ‘drunk in charge’ summons has had the case against him dismissed.

Derek Murphy (54), Manydown Close, Red Barns Road, Dundalk, denied an offence alleged to have occurred at Francis Street on June 25, 2022, when a garda found him unconscious in the driver’s seat of a parked BMW.

Gda James Smith also gave evidence that the ignition was on, the driver’s foot was on the accelerator and the car was revving.

The defendant’s eyes were glazed, and he appeared disorientated.

He complied with a roadside breath test which registered a ‘fail’ and he was arrested at 4.57am.

Gda Smith continued it was explained to Mr Murphy in ‘ordinary language’ why he was being arrested.

A doctor was subsequently called to the garda station and took a urine sample from the accused.

Solicitor Aimee McCumiskey put it to the officer that her client had no intention to drive.

He was awaiting a call from a taxi driver and got into the car, turned on the ignition to stay warm and fell asleep.

Ms McCumiskey submitted that the garda who posted the sample for analysis was not present.

Garda Inspector Gerard Collins replied that the High Court held that there was no duty on the prosecution to call that witness. A specimen was sent, and a Section 17 Certificate issued.

The solicitor said that did not address the chain of custody evidence. The garda sergeant in question was not in court to say she posted the sample.

Judge Coggans rejected the defence submission but held with Ms McCumiskey when she argued that there was no evidence of the garda forming his opinion before the roadside breath test.

Inspector Collins said Gda Smith didn’t say specifically that Mr Murphy had consumed an intoxicant, but the implication was there.

The summons was dismissed.