Five pints ‘wasn’t a lot’ driver tells Sligo Court
A Garda who arrested a driver for drunk driving denied at Sligo District Court he had handcuffed him.
Before the court was Declan Healy (49) of Ardneskin, Riverstown who denied a charge of drunk driving at Cartronduffy on December 15 th 2017.
Garda Noel Darcy gave evidence of arresting the defendant around 7.45pm after stopping the defendant who admitted to having “had a few pints.”
The defendant’s red van was seen leaving a pub in Ballygawley and which turned right in the direction of Collooney.
A sample taken later at Ballymote Garda Station showed the defendant had a concentration of 7omgs of alcohol per 100mls of breath.
The Garda denied a suggestion from Mr Gerard McGovern, solicitor (defending) that he had handcuffed the defendant.
The Garda replied there was no need to. He was with a colleague who was 6’ 4” and he also stated that producing handcuffs could also aggravate a situation.
Garda Darcy said he had no reason to handcuff the defendant.
“It’s very rare that I would handcuff a drunk driver,” said the Garda.
The defendant told the court that he had been stopped in the townland of Lavinscartron.
He said Cartronduffy was two townlands away. He had grown up in the area and knew it well.
He also insisted that he had been handcuffed.
It was the first time ever this had happened to him and he wouldn’t forget it, he said.
He was handcuffed after being placed in the patrol by Garda Darcy or his colleague. He could not remember which as it happened so quick.
In reply to Inspector Donal Sweeney, the defendant admitted to having consumed five pints but added this “wasn’t a lot.”
He had met a colleague from work and had gone drinking.
He told the Judge the handcuffs were taken off him as he went in the door of Ballymote Garda Station.
Judge Kilrane said the defendant was highly intoxicated and didn’t believe five pints would give him a reading of 70 but multiples of what is allowed under the legislation.
It was normal practice for anyone handcuffed to be kept like this right up to and including inside a Garda Station.
It didn’t make sense for the handcuffs to be taken off him as he approached the station, said the Judge.
He preferred the evidence of the Garda in this and suggested that the defendant may have believed he was handcuffed having perhaps saw them on the Garda’s belt.
The Judge also rejected the submission made by Mr McGovern in regard to the townland name saying townlands could be just 100 or 200 yards apart.
The defendant did not have any previous convictions and the loss of his licence would be dearly felt as he lived in a rural area, pleaded Mr McGovern.
Judge Kilrane fined the defendant €400 and banned him from driving for three years.
At the same court, Deirmuid O’Rourke of 22 Abbeyville was fined €300 for not having insurance at Pearse Road on March 17 th last.
Mr Tom MacSharry, solicitor (defending) pleaded the defendant took out a policy shortly afterwards on a different vehicle.