DRIVING BAN FOR 21-YEAR-OLD FOR DRINK-DRIVING

A 21-YEAR-OLD Portmagee man has been convicted of driving with excess alcohol and was disqualified from driving for two years after gardaí observed him “veering across the road” while they were on patrol at Carhan Lower, Cahersiveen.

In a case dating back to 2015, Brian Kennedy of Gortreagh, Portmagee, was pulled over by gardaí, who got a “strong smell of alcohol”, and he was arrested and taken to Cahersiveen Garda Station.

His conviction comes despite a number of legal arguments by his solicitor, Padraig O’Connell, who argued that the certificate issued by the intoxyliser machine at the station was clearly faded and not readable, and therefore could not entered as evidence.

“It is not eligible and, given its importance in evidence, it is clearly not a full document.”

Mr O’Connell further argued that there was no evidence of Mr Kennedy being given a caution on the night and that this was fatal to the case.

Judge David Waters said that while the certificate was faded, he could read it, and he proceeded to read it to the court, as did Inspector Mick Fleming.

Judge Waters added that failure to give a caution would give him discretion over whether or not to admit evidence. But he said that in this case it was not relevant and did not render Mr Kennedy’s arrest unlawful.

Mr O’Connell also cast doubt on evidence in relation to the 20 minutes’ observation period, and he raised concerns over the omission of notebook notes to him. However, Judge Waters also said he did not agree with either point.

The court heard that Mr Kennedy’s reading on the night was 60mgs of alcohol per 100mls breath. Judge Waters convicted him; fined him €250; and disqualified him from driving.