Convicted of drink driving ‘in morning after the night before case’

A TRALEE man who drove after a night out has been convicted of driving with excess alcohol and disqualified from driving.

Shane Flaherty (27) of 61 Rock Park Avenue, Tralee, was stopped at a mandatory checkpoint on the Dan Spring Road in Tralee on Sunday morning, October 15, 2023.

He failed a roadside breath test and he was arrested and brought to Tralee Garda Station where a subsequent breath test was carried out and found to be over the legal limit.

His solicitor Brendan Ahern argued that there was no visible signs of intoxication by Mr Flaherty and the only evidence gardaí had was the failed roadside breath-test.

The guard said that it was the case that Mr Flaherty had failed the alcometer which is set at a legal limit and that he was above that legal limit. He said that Mr Flaherty drove up to him in slow traffic but he said “he could have been a danger out on the open road”.

Judge David Waters said gardaí did not need any other evidence than the roadside breath test to form his opinion that he was driving with excess alcohol and arrest him. He convicted Mr Flaherty.

The court was told that Mr Flaherty has three previous convictions but none for drink driving.

Mr Ahern said it was a “morning after the night before case”.

However, Judge Waters said he would call it “drinking that morning”. He said that if a person drinks until 3am or 4am, that is drinking in the morning.

He said that if someone has their final drink at 12midnight and they are driving at 10am the next morning, it is unusual that they would fail a roadside breath-test but if they go a night-club and get into a car in the morning it is different.

“The question is if sufficient time has elapsed between drinking and driving,” added Judge Waters.

Mr Ahern said that Mr Flaherty is very reliant on his licence so the loss of it will have an impact.

Judge Waters convicted and fined him €250 and disqualified him from driving for two years.