Judge hits out at Garda evidence in drink driving case

"I generally think the evidence is unsatisfactory"

Judge hits out at  Garda evidence in drink driving case

Carrick-on-Shannon District Court.

A case of drink driving against Richard Regan, 18 Plunkett Avenue, Boyle was dismissed when it came before Judge Kevin P Kilrane at last week’s sitting of Carrick-on-Shannon District Court.

Giving evidence Garda Colm Stenson said at 3.20am on the morning of August 25, 2018 he was on mobile patrol when he observed a silver VW Golf travelling out of town at speed at Lisserdrea, Boyle.

Garda Stenson said he activated the blue lights and stopped the vehicle and after speaking to the defendant got a smell of intoxicating liquor.

A roadside breath test was conducted, the result of which indicated ‘fail’.

Garda Stenson then conveyed the defendant to Carrick-on-Shannon garda station where a demand was made of him to provide two specimens of breath.

The court heard the result of the breath test was 64mg/100ml.

Under cross-examination from Keith O’Grady BL, Garda Stenson said: “The main reason for stopping him was the speed at which he left town at.”

The garda went on to say “There was no real conversation, I got the smell straight away.”

Having heard the evidence Judge Kilrane said: “I’ve no evidence that he was arrested for drink driving at all.

“I generally think the evidence is unsatisfactory. The section nine requirement is completely inadequate.

“The prosecution falls at the first fence. It is all layman's language that doesn’t amount to anything.”

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