A man who was arrested for drink driving had his case dismissed at Castlebar District Court on Tuesday.
The court heard that Garda PJ Clarke was on duty on July 31 2011 escorting a junior bike race in the patrol car from Kiltimagh when he heard via the patrol car radio that a car was being driven erratically between Claremorris and Balla. Another call came on the radio that the car had turned off the main road. Garda Clarke was stopping traffic as part of the bike escort when he was told by a driver that a car was being driven erratically at Craggagh School, Kiltimagh.
At 4.22pm Garda Clarke pulled the driver in. Michael McGrath, Carrowneden, Aghamore was asked to get out of the car and to move to the passenger side. Garda Clarke said that the defendant smelt of alcohol and McGrath used the car to support himself as he walked to the passenger side. Garda Clarke told him to sit in the passenger seat and wait there until he came back. The garda took the keys from the car and he drove off to escort the bike race to the finish line. Garda Clarke said that he returned to the car at 4.24pm. In the meantime another garda, Sean Horkan, had been called to the scene. He said that McGrath seemed very intoxicated in the front passenger seat. The garda asked him if he had been driving and McGrath said he had. He told the garda that he was out in the pub early to watch the Mayo v Cork match. McGrath was arrested at 4.24pm for drink driving.
At Castlebar Garda Station a breath sample was provided, however the intoxilyser machine could not analyse it therefore a doctor was called and a blood sample was given. It showed 218mg of alcohol per 100ml of blood.
The prosecution failed to hand in the doctor’s certificate to court which is fundamental to a drink driving case. Because of this Judge Mary Devins dismissed the case.
