A 38-year-old married father of two, who is employed by Bus Éireann, was disqualified from driving for three years at Ballina District Court after he was detected drink driving in September 2008.
Garda Martha Byrne told the court that she received an anonymous call from a person at 5.25pm on September 25, about a man who the person suspected was drunk and had got into his car. Garda Byrne, who was given the registration of the car, searched the vicinity and observed Bernard Cassidy, 33 The Spire, Ballina trying to turn his car in the estate, but he was not able to perform the manoeuvre. Garda Byrne spoke with Cassidy and asked him to step out of the car — Cassidy stumbled out of the car. After being arrested and providing a breath sample on the intoxilyser machine a print-out showed 87mg of alcohol per 100ml of breath.
The defendant, who takes Valium for back pain, told the court that he had taken four valium and one pint of cider that morning and one pint of cider with dinner that day.
Defending solicitor Evan O’Dwyer contested the case due to the fact that the defendant claimed that he was not asked by the intoxilyser operator if he had any medication in his system, which may have effected the reading. No medical witness was called by the defence to prove this.
Cassidy, who works in the Bus Éireann garage, and who has no previous convictions, was convicted and fined €600 and disqualified from driving for three years.
