A man who was arrested on the suspicion of drink driving—even though he protested to gardaí that he had no intention of driving and was waiting for his girlfriend—was before Ballina District Court this week.
Garda Martin McNicholas told the court that on June 7 this year at 7.40pm he saw a man stagger across Tone Street to Barrett Street before he got in a van, started it up and began to drive off. Garda McNicholas signalled for the driver—Frank Mangan, 17 Fox Field Park, Kiltimagh—to stop. The garda, who could smell liquor and noticed that the defendant’s face was red, leaned in the open van window and removed the keys.
Mangan failed a roadside breath test and a subsequent analysis on the intoxilyzer machine showed a reading of 72mg of alcohol per 100ml of breath.
Defending solicitor Michael Bohan said that his client did not move the van and had no intention of driving that night and was waiting for his girlfriend to collect him. Mr Bohan asked gardaí on duty that night if the defendant protested that he was waiting for his girlfriend, to which they said that he did.
Mangan told the court that after he attended a funeral in Geesala he had three or four drinks in a bar in Geesala before he drove to Ballina. The defendant then had four or five drinks in Ballina and rang his girlfriend to collect him. Mangan said that he returned to the van to collect his mobile and wallet and wait for his girlfriend. The defendant’s girlfriend, who is attending a course in England, was not in court.
Judge Mary Devins said that the case comes down to “credibility” as Mangan had at least nine to 10 drinks that night while Garda McNicholas was sober. Judge Devins adjourned the case to September 8 to see if Mangan’s girlfriend could be called.
