A man who forced a Garda car to stop by breaking a Yield sign at 3am and was arrested for drink driving, had his conviction dismissed in the District Court this week (January 26 ) when the judge agreed the place of arrrest given by the garda in evidence differed from the address on the charge sheet.
Garda Joseph Hirst told the court he was on patrol on the west side of Athlone on the night of April 13 when he “saw a car failing to stop at a Yield sign at Main Street, Athlone which forced our car to stop”.
Garda Hirst had to use his lights to stop Patrick Dunning (38 ) from Corn Riada, Monksland who, when arrested and breathalysed produced a reading of 48 microgrammes of alcohol per 100 millilitres of breath.
He testified that all Dunning’s documents were in order and up to date at the time of arrest.
Defending solicitor, Mr Owen Carty, accepted this and declined the State’s offfer of producing the sworn evidence of the member-in-charge and the intoxilysing officer from Athlone Garda Station on the night in question.
“It’s a straightforward approach,” said Mr Carty, who pointed out to Judge David Anderson that the place of arrest given on his client’s charge sheet was High Street, not Main Street as testified to by Garda Hirst.
“They’re totally different places, judge,” said Mr Carty.
The judge accepted this and dismissed the charge.
For clarification, if coming down Castle Street, the hill behind Athlone Castle, Main Street is left at Seans, while High Street is to the right.
