A Glasson man beat a drink driving rap when his solicitor pointed out the arresting garda’s verbal evidence in court didn’t match his written statement.
Before a special sitting of the District Court last Friday (October 24 ) was Michael Hopkins (25 ), of St Marks, Glasson, who was arrested on the night of December 9, 2006 after being seen to drive erratically on leaving Grogan’s pub in the village.
Garda Keith Harrison told the court he saw the defendant’s car cross the white line and that he had to stop him with lights and sirens.
After detecting a strong smell of intoxicating liquor, Garda Harrison told the court how he formed his opinion as to the defendant’s sobriety and brought Hopkins to Athlone Garda station where he returned an intoxiliser reading of 59 microgrammes of alcohol per 100 millilitres of breath.
After Garda Harrison left the stand, defence solicitor Tony McLynn sought a dismissal of the charge claiming the garda hadn’t given evidence of telling Hopkins why he was being arrested whilst making the arrest. (According to the Act covering drink driving, the accused must be informed in plain language at the time of arrest why he or she is being arrested in order for the charge to stick ).
Inspector Nicholas Farrell for the prosecution pointed out to Judge David Anderson that this requirement had been covered in Garda Harrison’s written statement.
“Well, he didn’t tell me that,” said the judge as he accepted Mr McLynn’s argument and dismissed the charge.
