A Dunmore man who was just one milligram over the legal alcohol limit for driving was disqualified from driving for one year in Ballyhaunis District Court this week. Alan Murray, Kiltevna, Dunmore, Co Galway, was stopped by Garda Eoin O’Donnell at a mandatory roadside alcohol test at Hazel Hill’s, Ballyhaunis, at 2.16am on September 13 2009. Mr Murray took a roadside breath test which registered a fail and was arrested by Garda O’Donnell and brought to Castlebar Garda station where he handed custody over to Garda Declan Casey who conducted an intoxilyzer test on Murray, which returned a reading of 36mg of alcohol per 100 ml of breath.
Solicitor for Murray, Evan O’Dwyer, made a submission to the court that by the gardaí taking his client to Castlebar Garda station which was 45km away rather than to Tuam which was closer at only 31km away, ut could have given time for the alcohol to ferment in his client’s system to push him just over the limit rather than below the limit.
Judge Aeneas McCarthy told Mr O’Dwyer that the gardaí had taken his client to their divisional headquarters, rather than taking him out of the division even though it was closer, and the detention was not excessive and all requirements were complied with by the arresting officers. He convicted and fined Murray €200 and disqualified him from driving for one year, he also fixed recognisances at €200 in case of appeal.
