A woman who crashed into a squad car whilst nearly twice the legal limit to drive walked free from the District Court this week (February 20 ) after the judge accepted the loophole as argued by her solicitor.
Marcella Lynch (28 ), of Woodlands Grove, Athlone was arrested on the night of October 22 after she had driven into Garda Joanne McGhee’s squad car and continued on to Marine View where she was apprehended.
“When I asked her why she didn’t stop when she crashed into the Garda car she started crying and said she was coming from a funeral,” said Garda McGhee.
Lynch was arrested and taken to the Garda station where she gave an intoxiliser reading of 64 microgrammes of alcohol per 100 millilitres of breath. The limit is 35/100.
However, in her evidence to court, Garda McGhee had to be prompted by Judge Leo Malone to give the reading and had only given the time of arrest in her written statement.
“That was an omission on my behalf,” conceded Garda McGhee.
Lynch’s solicitor Mr Tony McLynn then pointed out to the court that the garda had not given evidence in court, that on the night in question, she had not explained in plain language to Lynch why she was being arrested, as required by law.
“There was no communication to my client as to why she was being arrested and this is a vital proof required,” he argued.
Though Garda McGhee argued she had said this in her written statement the judge agreed with Mr McLynn.
“She didn’t give the reason in her evidence,” he said before dismissing the charge and allowing the defendant walk free.
In what was a very bad day for the State at this special sitting of the District Court in Athlone, only half of the drink driving cases argued saw a successful prosecution, with three getting off and two adjourned to a later date.
In fact, so successful was Mr Gearoid Geraghty in arguing a Supreme Court loophole in the dismissal of a similar charge against Mary O’Reilly (67 ) from Castlequarter, Coosan later in the day, Superintendant Aidan Glacken asked for a same charge against a Phil McDermott (33 ) from Cuba Avenue, Banagher, Co Offaly be withdrawn when Mr Geraghty indicated he was going to use the same argument.
