A 63-year-old farmer who refused to give a sample after being detected for drink driving and threw the urine sample jug at a wall, was convicted, fined, and disqualified at Castlebar District Court on Wednesday.
Garda Gerard Dillon told the court that on July 25 last year at 11.10pm while on duty, he observed a car at the traffic lights in Newtown, Castlebar, take a junction widely and slowly onto the Newport Road.
Garda Dillon pursued the car and noticed that this car was in the centre of the road and was indicating right for no apparent reason. The Garda lights were activated and the defendant hit the kerb before he pulled over. The garda noticed that when he was speaking to Peter Armstrong, Castlecarra, Ballyglass, Claremorris, the defendant was dribbling and seemed sleepy. Armstrong told the garda that he had a few pints on him and that when he got out of the car, the vehicle began rolling down the hill before the handbrake was applied.
The defendant was brought to the Garda station and Dr John Gibbons was called to take a sample, however Armstrong refused to believe that Dr Gibbons was a doctor and sat with his arms folded until the doctor produced a credit card. Armstrong then agreed to give a urine sample, but then changed his mind and flung the jug across the doctor’s room, which bounced off the walls and he told the doctor to f**k off. The doctor remained in the room and the defendant was again offered the chance to provide urine which he refused and also refused point blank to give blood.
Defending solicitor Cathy McDarby said that the summonses before the court were dated July 26, which was not referred to in the garda’s evidence and that there was no need for the garda to keep asking Armstrong to provide a sample after he initially refused.
Judge Mary Devins said that judges have the discretion to make alterations to summonses as long as it does not prejudice the defendant and Inspector Mick Murray said that the garda asked the defendant on a number of occasions if he wanted to provide a sample.
Ms McDarby said that the single man had a drink problem which he has addressed. Judge Devins convicted and fined Armstrong €750 and disqualified him from driving for four years.
