Motorist is put off the road for drink driving
MICHAEL Wolohan (33) of 10 Woodview Park, Avoca, County Wicklow, was handed a six-month driving ban on conviction at Gorey District Court last Thursday for an excess alcohol offence.
The accused pleaded not guilty to the charge, which alleged that he was over the limit at Main Street in Gorey on the evening of April 30 last year when driving a silver coloured Ford Galaxy.
He came to the attention of prosecuting Garda Mick Dee as he was seen with a phone held to his face and the court was also told that the tax disc exhibited was not current.
The case was fully contested over the course of a hearing which lasted more than an hour, with the defending barrister challenging the treatment of his client in custody.
Queries were also raised about the maintenance and operation of the evidenzer breath test equipment which produced a certificate purporting to show that the arrested motorist was over the limit.
The judge commented that it was unreasonable to expect the evidenzer machine’s maintenance records to be produced in court in every case.
He found the facts of the case proven and imposed the mandatory six-month disqualification along with a fine of €800.
The court was told that Wolohan had overcome an addiction to a very serious drug with the help of methadone.
He lives with his parents and draws disability allowance.