Mo­torist is put off the road for drink driv­ing

Wicklow People (West Edition) - - NEWS -

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.

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