Another man who failed an intoxiliser test got to walk from the court this week (November 24 ) with his licence intact after the arresting garda got the car registration wrong, the townland wrong, and failed to sign the receipts issued by the intoxilising machine.
“Which of them would you like to hang your hat on?” the judge asked defence solicitor Jimmy Mannion when he sought a dismissal of the charges.
Before the court was Raymond Nestor (45 ) from An Choill, Moyvannion, Kiltoom, Co Roscommon who had been arrrested for drink driving in the early hours of April 13 beside the St Brigid’s GAA pitch on the Roscommon road.
Garda Keith Harrison told the court how he had been on patrol on a lane in the Kiltoom area when a car, whose registration he gave as 03D57843, “came towards us and forced the Garda van to pull into the ditch”.
After stopping the car where the lane widens at the GAA club’s car park and forming his opinion as to the state of the driver’s sobriety, Garda Harrison arrested Nestor and brought him to Athlone Garda station at 2.15am.
After the requisite period of observation, the defendant gave an intoxiliser reading of 51 microgrammes of alcohol per 100 millilitres of breath. The limit in Ireland is 35/100.
The garda gave evidence he signed the Section 17 statements, as the intoxiliser receipts are officially called.
“You say you nearly hit his car,” said solicitor Jimmy Mannion.
“No. I said he nearly hit the van,” replied Garda Harrison.
“My client will deny it happened like this,” said Mr Mannion, who then presented Nestor’s tax book as evidence.
Garda Harison confirmed this document gave Nestor’s car registration as 03D57846.
Mr Mannion then argued that the place of arrest as given on the charge sheet was not where the incident occurred.
“I know it as Kiltoom, beside St Brigid’s GAA club,” said Garda Harrison.
Mr Mannion argued this was the townland of Moyvannion and called a consulting engineer, Mr O’Brien, who confirmed with the appropriate maps the car park and pitch of St Brigid’s GAA club was indeed, in Moyvannion.
In his own evidence, the defendant confirmed this saying he only lived “350 yards down the road” from the place of arrest.
He also said he did not get a signed receipt from the garda.
Judge David Anderson accepted the defence’s case and dismissed the charge.
This was Garda Harrison’s second drink driving dismissal in a month.
