Drink driv­ing case is dis­missed by Judge

The Sligo Champion - - NEWS -

A driver ar­rested for drink driv­ing had the case dis­missed by Judge Kevin Kil­rane fol­low­ing a sub­mis­sion by de­fend­ing so­lic­i­tor, Mr Ger­ard McGovern. Noel Doyle of McDer­mott Ter­race, Manorhamil­ton was sum­moned for drunk driv­ing at John Street on Septem­ber 28th 2016. He was ar­rested by Garda Tomás ó Gríofa at 11.50pm af­ter he was stopped when his car was ob­served cross­ing the di­vid­ing lanes a num­ber of times. A blood sam­ple sub­se­quently showed a read­ing of 123mgs of al­co­hol per 100mls of breath.

The de­fen­dant had ear­lier failed to pro­vide a breath sam­ple with Gar­daí ac­cept­ing he had made gen­uine at­tempts to do so. Mr McGovern sub­mit­ted that the case should be dis­missed as only Garda Grif­fin had given ev­i­dence and not the Garda who ad­min­is­tered the breath test or was present dur­ing the giv­ing of the blood sam­ple to a doc­tor. The pros­e­cu­tion sought to rely on the state­ment of the Garda as ev­i­dence. In­spec­tor Donal Sweeney said it was ac­cepted this state­ment wasn’t given as ev­i­dence. Judge Kil­rane said there was a la­cuna in the State case and he dis­missed the charge.

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