A man who was drunk while in charge of a vehicle, while disqualified from driving at the time, asked a garda to arrest him, Ballina District Court was told on Tuesday.
Garda Des McCann outlined that on August 20 2010 at 3.40pm at Bonniconlon West, he observed Padraig Gallagher, 2 Peyton Avenue, Attymass, Ballina, sitting in Hiace which was parked. Garda McCann recognised the defendant and knew that he was disqualified from driving. Garda McCann approached Gallagher, where he observed that the keys were in the ignition. The garda believed that the defendant was drunk while in charge of the vehicle and arrested him. Gallagher provided a breath sample which showed 78mg of alcohol per 100ml of breath.
The defendant did not have a driving licence or insurance.
Solicitor Denis Molloy said to Garda McCann that Gallagher had asked him to arrest him. The garda agreed that this occurred as Gallagher said that if he did not arrest him that three individuals would be assaulted.
The court heard that the 39-year-old father of three, who is unemployed, “went off the rails” and abused alcohol after he lost his job as a plasterer.
Judge Aeneas McCarthy convicted and sentenced Gallagher to a total of six months in prison, suspended for two years, and the defendant was disqualified from driving for a total of six years.
