A man who was allowed to drive his jeep by a garda after he failed a roadside breath test had his case dismissed at Ballina District Court this week.
Garda Martin McNicholas stopped Michael Devaney, Number 2 Bungalow, Bunree Road, Ballina, on January 12 2009 at 10am in Ballina. The garda formed the opinion that Devaney was intoxicated and a road side breath test was failed. A subsequent blood analysis showed 128mg of alcohol per 100ml of blood.
After the roadside breath test was failed, Garda McNicholas allowed Devaney to park his jeep up as the garda was not “au fait with the vehicle”.
Superintendent Frank Walsh said that he was concerned that this man was allowed to drive after the garda formed his opinion. Judge Mary Devins dismissed the case as the garda had formed his opinion allowing Devaney to drive enormously diluted the garda’s opinion.
