A man who was disqualified from driving for four years this week for failing to give a breath sample had drunk alcohol to relieve a toothache, the Galway District Court heard.
Jaroslav Gotszlik (32 ) with an address at 183 Palace Fields, Tuam, had to worry about more than just a toothache when he appeared in court last Monday charged with failure to provide a sample of breath after being arrested on suspicion of drink driving on March 26, 2008, and with failure to appear for a court date on June 11, 2008.
Inspector Ernie White told the court that the defendant, a Polish national, had been driving in his car when he was stopped at 5.20am on the Headford Road and arrested on suspicion of drink driving. When he was brought to the Galway Garda Station a lawful demand was made for him to provide two samples of breath. However, he was shouting, became aggressive, and refused to co-operate with gardai. He was later released on station bail but failed to appear for a court date. He was arrested again on September 15 and remanded in custody. The court heard that he had no previous convictions.
Defence solicitor Adrian MacLynn told the court that his client, who been working at security at the time, drank alcohol that night “to relieve toothache problems”. Mr MacLynn said that the defendant didn’t appear because “he didn’t understand the full import” of the conditions of the station bail. He added that to his credit this man was very hard working.
Judge Mary Fahy said that it was “unfortunate” that the defendant had made a choice not to appear for the original court date. For failure to give a breath sample she convicted and fined the defendant €600 with four months to pay, endorsed his licence, and disqualified him from driving for four years. For failure to appear in court he was further fined €300 with four months to pay.
