A judge described as “farcical” a man’s attempt to appeal a three-year drink driving ban by arguing his crashed car was no longer a mechanically propelled vehicle, and that he only started drinking the half bottle of vodka while waiting for the tow-truck.
“He must think I’m like the village idiot to attempt this appeal,” said Judge Anthony Kennedy to Vincent Curley (22 ), of Tubberdaly, Rhode, Co Offaly in the Athlone Circuit Court this week (December 8 ).
Curley was originally arrested at around 10pm on June 28, 2008 at Boher, Ballycumber when a Garda patrol found his “silver Honda Civic parked in the left-hand ditch”.
When arrested and intoxilised, Curley was found to be over three times the legal limit, returning a reading of 109 microgrammes per 100 millilitres of breath.
Arresting Garda John Doran gave evidence in court stating Curley was found in the front seat “trying to get the keys in the ignition”.
He also told the State prosecutor that during the arrest Curley “made no complaints about the operational state of the vehicle”.
Curley claimed he had crashed into the pier of a gate and called his brother to come and get the car.
He then said while he was waiting, he started sharing a bottle of vodka that was in the car with his passenger.
“Tell me about the vodka,” said the judge.
“What size was it? Did you have ice, mixers?”
“No,” said Curley.
“You were just sitting there drinking it?” asked Judge Kennedy.
“Neat vodka, glug for glug? Half a bottle of vodka? You’re powerful men.”
Curley’s brother gave evidence that he received a call from his brother but got no answer when he tried ringing him back.
“I drove out later and there was no sign of him,” said Dara Curley.
Next to give evidence was mechanic Pat Mulally from Enfield, who testified that with the front left wheel bent back into its well, Curley’s car would not have been operable.
However, he admitted to Mr Peter D Jones for the State that he did not give this evidence at Curley’s original District Court appearance on September 29, 2008 as he only examined the car a fortnight after this date.
Curley’s drinking partner did not appear to give evidence.
“This is an audacious appeal,” said Judge Kennedy in summation.
“He crashed into the pillar. This is farcical. He must think I’m like the village idiot to attempt this appeal.”
Judge Kennedy dismissed his application and upheld the original District Court decision of a three year ban, with a €500 fine.
