A professional driver on his way home from a funeral turned his car into a driveway and hid in the bushes when he spotted a Garda checkpoint ahead of him.
This was the scenario outlined to Judge Vincent Deane at a special sitting of Tuam District Court when Sean Donelon, Cashel, Boyounagh, Williamstown appeared before him a drunk driving charge.
Garda Philip Carr gave evidence of manning a checkpoint on July 27 last at Dunmore Desmesne opposite the church in the village. He saw a car approaching from the Tuam direction and then turning into the driveway of a house, the lights turning off and a person moving to the rear of the property.
Garda Carr followed to the rear of the house and called on whoever was in the buses to come out but received no reply.
He called again and Donelon appeared with his hands up, repeatedly saying he was sorry. He admitted the car in the drive was his and he didn’t live at the house.
He admitted he had been at a funeral in Tuam and “had a few drinks.” He was arrested and taken to Tuam where a sample of his breath showed a reading of 56 micrograms of alcohol per 100ml of breath. The legal limit is 22mg/100ml.
Evan O’Dwyer solr (defending ) contested that Garda Carr could not have had a clear line of sight from the checkpoint to the property on which his client was found.
He asked how certain the Garda was he had a view of what transpired and Garda Carr replied 100%.
Mr O’Dwyer produced three photographs. One was of the checkpoint location, the second the house in question and the third was the line of vision between the two locations.
“With the best will in the world I don’t think you could have heard the car door closing,” he put to him. Garda Carr said it was 1am and it was quiet and he was certain of what he viewed and heard.
“Usually if someone turns away from a checkpoint there’s a reason,” the Garda added.
The defence asked the Judge to throw out the charge as there was a conflict in evidence over whether Garda Carr actually saw the defendant driving on the night and the charge was one of driving or attempting to drive a vehicle while under the influence.
Judge Deane said it was quite right to say the Garda hadn’t seen the defendant driving, but he saw the car and then found Donelon in the bushes. As such, he was in no doubt that he was driving.
Mr O’Dwyer said his client’s honesty was his undoing. He was entirely frank with Garda Carr in relation to having a few drinks after the funeral.
This was a one-off mistake and as he was a professional driver a ban would have serious consequences for him.
A two-year driving disqualification and a fine of €200 were imposed.
