A man from Ballycastle, who when arrested for drink driving had his 10-year-old son as a passenger, appeared before Judge Mary Devins at Ballina District Court on Tuesday.
The court heard that on August 3 2009, Garda Lenore Murphy observed a car in the Carrowniskey area of Ballycastle driving at 12.40am. It was weaving from side to side and went onto the green verge on the side of the road. When stopped, the garda could not recognise the name that the driver stated and he was identified by his son as Seamus Togher, Cloonalaughan, Carramore Lacken.
Togher was aggressive towards the garda and would not get into the patrol car until he was restrained.
A blood sample later given showed 246mg of alcohol per 100ml of blood.
The defendant told the court that he was stopped driving as he came from the Healy Festival held in a local football pitch, where he had arrived to at 6pm.
The defence argued that as the clock in the Garda station was one hour slow that both the doctor’s certificate and the medical bureau’s certificates were incorrect in the time stated of when the blood sample was given.
Judge Mary Devins said that she would like time to consider if it was essential that the actual time of the sample taken is a statutory proof, and the judge adjourned the case for a decision to May 11.
