A driver arrested with three times the legal limit of drink on him, less than a year after gardai had found him with nearly four times the limit in a stationary car drinking cider, was disqualified from driving for six years and given a 10 month jail sentence, suspended for two years.
The court heard how Peter Guinan (58 ) of Sragh House, Ballycumber, Co Offaly was found in the driver’s seat of a car with a bottle of cider shortly after midnight on May 27, 2009 at Gallen View, Ferbane with the keys in the ignition.
“He was very intoxicated and got sick in the car,” said Inspector Nicholas Farrell.
After he was arrested and gave a specimen, he returned a reading of 313 milligrams of alcohol per 100 milligrams of blood, (the limit is 80mg/100mg ).
Then, on March 4, 2010 at 12.39am at Creggan Upper, Athlone he was arrested whilst driving home, and when intoxilised at Athlone Garda Station gave a reading of 104 micrograms of alcohol per 100 millilitres of breath, (the breath limit is 35micrograms/100mg ). Guinan had one similar previous conviction from 1999, for which he was banned from driving for two years.
“This is a very serious matter,” said his solicitor.
“One of them is nearly four times the limit,” said an incredulous Judge Aeneas McCarthy.
A letter from the defendant’s doctor was handed to the court saying Guinan had been sober for the last two months and that he was seeking counselling for his alcoholism.
The court heard how Guinan has been on disability benefit since a work-related accident with CIE in 1986, and that a ban will have a serious effect on him as he lives rurally and “his wife doesn’t drive” .
Judge McCarthy convicted Guinan on all counts, and sentenced him to four months in jail - suspended for two years - and a three year ban for the Creggan arrest.
For the Ferbane incident, he added a consecutive six month jail term, also suspended, and extended the ban to six years.
