Judge certain accused was driving within three hours of accident occurring

Judge Kevin Kilrane said all the evidence indicated the driver of a vehicle that crashed in Boyle had been driving within the statutory three hours and there was a valid prosecution for drunk driving.

Shane Healy, aged 49, from 8 Warren Drive, Boyle, Co Roscommon was before Carrick-on- Shannon District Court last week charged with drunk driving at Abbeytown, Boyle on September 15, 2019.

Garda Fergal Reynolds gave evidence of attending the scene of a traffic accident at 5pm on that date and finding a car on its roof in the middle of the road.
A garden wall was demolished and there was frontal damage to a car parked in the driveway.
An ambulance was at the scene and the defendant was in the back being treated.

When he emerged from the ambulance Garda Reynolds spoke to him and he admitted driving the car.

There was a strong smell of intoxicating liquor from his breath and Garda Reynolds formed an opinion and at 5.28pm he arrested Shane Healy, and cautioned him.

He said the road on which the accident occurred was a main thoroughfare leaving Boyle towards the Forest Park and Gardai had to conduct a stop go system.

Mr Healy was brought to Carrick-on-Shannon Garda Station arriving at 5.55pm. He provided a breath specimen which showed a reading of 67 microgrammes of alcohol per 100mls of breath.

Garda James Quigley gave evidence of observing the defendant for 20 minutes to ensure he had nil by mouth before carrying out the breath test, the samples of which were delivered at 6.35pm and 6.38pm.

Solicitor for the defendant, Evan O’Dwyer sought an application for a direction in that Garda Quigley tendered the Section 13 certificate as evidence but had not indicated he had signed it which he said was a statutory proof.
He also questioned the 20 minutes period of observation and said there was no evidence that it began at point A and ended at point B.

In relation to Garda Reynolds, he said there was a statutory obligation for a test to be conducted within three hours of driving and there was no evidence to assist in the time of driving and there were no third parties or other witnesses.

Judge Kilrane said in relation to the certificate there was a statutory presumption that things are done correctly.

Inspector Carla Curry, prosecuting said Garda Quigley did sign the certificate and that was clear on the original.
She stated case law in relation to the time of driving and said the sample was taken within one hour and three minutes of the Gardai arriving at the scene.

Judge Kilrane said it was inconceivable the driving took place outside the three hour period. All the evidence indicated the accident occurred a short time before the Gardai arrived.

Judge Kilrane convicted and fined the defendant €400 and disqualified him from driving for three years.
As the reading was one microgramme over the two year period of disqualification, he made a recommendation that the disqualification be removed as soon as the law permits after a period of two years.

Recognisances were fixed in the event of an appeal.