A 72-year-old retired man who was followed by gardaí after he stopped in the middle of a roundabout, drove in the middle of two traffic lanes, made a sharp left at another roundabout without indication — where he almost hit the traffic islands — and when stopped failed a roadside breath test, was disqualified from driving for four years at Castlebar District Court on Wednesday.
Garda Sean Lydon observed a Jeep driven by Sean Bourke, Hawthorn Avenue, Lightford, Castlebar, stop in the middle of the Moneen roundabout for about 20 seconds before he drove on. Bourke was then observed driving in the middle of two lanes as he approached the Cathal Duffy roundabout. At the roundabout Bourke veered left without indication and almost collided with the traffic islands. Gardaí indicated for the defendant to stop, he eventually did near the railway station.
Garda Lydon suspected that the defendant was intoxicated and asked him to take part in a roadside breath test. Bourke could not perform the test and was asked to step out of the vehicle. According to the garda, Bourke almost fell getting out of the Jeep and when the breath test was performed it showed a fail.
At the Garda station the defendant attempted to provide a breath sample of the intoxilyzer machine, however he failed to blow into it and instead blew in for a short time and then sucked the apparatus.
Bourke told the court that he has an asthma condition (Garda Lydon was not informed of this on the night of arrest ) and that he had consumed one pint in the Welcome Inn while waiting for his takeaway dinner. The defendant said that his food had fallen from the passenger seat and that was why he briefly stopped on the roundabout as he went to retrieve it.
Judge Mary Devins said that as Bourke managed to complete a roadside breath test he should have been able to blow into the intoxilyzer machine. The defendant, who has a previous drink driving conviction, was disqualified from driving for four years and convicted and fined €750. Recognisances were fixed.
