Carrick-on-Shannon District Court

Offaly man failed to provide Carrick-on-Shannon gardaí with breath sample

Court Reporter

Reporter:

Court Reporter

Offaly man failed to provide Carrick-on-Shannon gardaí with breath sample

Carrick-on-Shannon District Court.

Patrick Murtagh, 4 Callery St, Tullamore, Co Offaly was convicted of failing to provide a breath sample when he appeared before a recent sitting of Carrick-on-Shannon District Court.

Giving summary evidence against the defendant Sgt Michael Gallagher said on July 20, 2019 the defendant was arrested and conveyed to Carrick-on-Shannon garda station for the purpose of complying with an intoxilizer requirement.

The court heard Garda McGowan observed the defendant letting the breath escape from his mouth after he had inhaled rather than breathing into the apparatus.

It was stated by Sgt Gallagher that Mr Murtagh argued the process wasn’t legal.

Mr Murtagh was asked once more to provide a sample but did the same again Sgt Gallagher said.

Defending solicitor, Martin Burke said the defendant wanted to give a blood sample “but ended up in a position where he refused to give a sample.”

Judge Denis McLoughlin imposed a conviction, a €200 fine and a four year disqualification from driving which will come into effect from February 1, 2020.