Driving ban imposed on Leitrim driver after drink-driving offence

A driver was disqualified from driving for three years when he appeared before the recent sitting of Carrick-on-Shannon District Court.

The driving ban was imposed on Dermot Campbell, 47, with an address at High Street, Drumshanbo, for drink-driving following legal arguments concerning procedural adherence and breath test reliability. The conviction follows an incident on April 16, 2023, when Campbell was arrested on suspicion of driving under the influence. He was represented in court by barrister Adrian McDonagh BL. According to Garda testimony, Campbell was stopped at 1.20 am in Carricknabrack after allegedly driving erratically on a road towards Manorhamilton. Garda Gareth Cummins, who was on duty in a patrol car, testified that he had to take evasive action to avoid a collision when Campbell’s silver Audi crossed the white line into oncoming traffic.

The court heard that the Gardaí followed the vehicle towards Drumshanbo Village, where it was observed again crossing the white line before they activated blue lights and signaled the driver to pull over. When Campbell was stopped, he provided his Irish driving licence, confirming his identity and address at High Street, Drumshanbo.
"I got a smell of intoxicating liquor and his eyes were bloodshot," Garda Cummins stated in court. As a result, Campbell was asked to provide a roadside breath sample using the Dräger 7510 under Section 9 of the Road Traffic Act 2010. The test resulted in a fail, leading to his arrest.

At Carrick-on-Shannon Garda Station, Campbell provided a further breath specimen, which returned a reading of 67 micrograms of alcohol per 100 milliliters of breath, above the legal limit.
Campbell’s barrister, Adrian McDonagh BL, questioned whether the Garda had waited the necessary 20-minute period before forming an opinion on intoxication. "Mr. Campbell, Judge, on the Garda's own admission, would have been let go if this test had been passed."

Further legal discussions centered on whether the Gardaí followed correct procedures in requiring an evidential breath test. The defense suggested that Garda Cummins had deferred discretion to his colleague, Garda Flannery, and had not properly exercised his own authority in administering the test. "It seems, Judge, that in all the circumstances Garda Cummins just effectively rolled over to Garda Flannery and proceeded."
The prosecution countered that the breath test was conducted properly and that Campbell’s driving behavior, the smell of alcohol, and the failed breath test provided grounds for arrest. "The failed test was not the icing on the cake, Judge. It was the cake," the prosecution stated. They also argued that there was no requirement for the Garda to wait 20 minutes before administering the test. "There was no reason to suppose he had consumed alcohol within the previous 20 minutes."
He also questioned the distance to Miner's Bar in Arigna.

The court heard that Campbell has ten previous convictions, including nine road traffic offenses, but none related to drink-driving. The defense highlighted that Campbell is a caregiver for his mother and requested leniency in sentencing.
After reviewing the evidence, Judge Sandra Murphy ruled that the prosecution met the burden of proof. "I am satisfied beyond reasonable doubt that the evidence supports a conviction," she stated. The judge nonetheless imposed a fine of €500 and disqualified Campbell from driving for three years.

READ MORE Young man jailed for repeatedly driving without insurance