Driving ban for Limerick motorist found ‘slumped’ over steering wheel

A WOMAN who was found ‘slumped’ over the steering wheel of her car on a grass margin along the N69 was convicted, at Newcastle West court, of failing to give a breath specimen.

The defendant, Ann Houlihan, who has an address at Bank Place, Cashel had indicated through her solicitor Michael O’Donnell that she was contesting the charge but she failed to appear in court when the case was called.

Evidence was given by Tom Culhane that he was driving from Limerick on January 26, 2020 about 7.15pm when he passed a car facing him on the wrong side of the road. H

e returned to the car and saw a woman “thrown against” the steering wheel and tried to wake her. The headlights were on in the car. He rang the gardai and later gave a statement.

When Michael O’Donnell tried to cross examine Mr Culhane, Judge Carol Anne Coolican told him he could not do so as his client was not in court to give him instructions on the evidence given.

“Your client has to be here,” she said, pointing out that the case had been adjourned in October to the November court for mention and then put in for hearing on the February date.

Mr O’Donnell told the judge his client’s partner had told him she was “under the weather”.

Garda John Whelan also gave evidence and told the court he found the defendant slumped over the steering wheel. The key was in the ignition but in the off position and the engine was not running. The car was in gear.

He tried to rouse Ms Houlihan without success but the ambulance personnel, who arrived at the scene, did wake her and he cautioned and arrested her and brought her to Newcastle West garda station. She slept through most of the journey and had to be helped from the squad car by Garda Cathy Healy.

Garda Alan O’Donnell was on patrol with Garda Whelan and said in his evidence that he checked Ms Houlihan’s pulse. “I saw a half empty bottle of gin on the passenger seat,” he said.

He also gave evidence of seeing marks on the grass margin indicating the car had travelled over 100m on the incorrect side.

The ambulance wouldn’t take her to hospital, he said, and Ms Houlihan became “in and out of responsiveness in my opinion when it suited her”. . She became very abusive and aggressive towards gardai.

“I was present when she refused to give a sample of breath,” he said.

Garda Earl Flynn was the garda authorised to take specimens. He spoke to Ms Houlihan and formed the opinion she was highly intoxicated. He explained the procedure for taking breath samples and observed the 20-minute nil-by-mouth period.

When he asked her if she understood, she didn’t reply. After the observation period, he told her about the penalties for failing to give a sample.

When asked, Garda Flynn said, she indicated she wasn’t going to provide a specimen of her breath. “She just nodded her head like that,” the garda said (shaking his head from side to side).

By the time the time limit had expired, no specimen had been provided.

Garda Cathy Healy was the member in charge and said Ms Houlihan had given her, her address and date of birth. After she had been in the medical room, Ms Houlihan fell asleep in the public room but, at 9.15pm, when her partner had been contacted to collect her, she began shouting and attempting to kick out and to swipe items off the desk.

She initially refused to sign the bail bond twice but later agreed to do so.

Solicitor Michael O’Donnell said a lot of the case centred on the compos mentis of Ms Houlihan at the time and whether she understood what was going on.

“She was slumped over the steering wheel. She was unconscious, coming in and out of consciousness. She didn’t reply regarding understanding of compliance,” he said, adding that she wasn’t given the choice of whether she wanted the specimen in Irish or English.

“There would be a question mark about her capacity to refuse,” he said. “She didn’t have control of her bodily function.”

In response, Inspector Pat Brennan said Garda O’Donnell’s evidence was that “he felt she was choosing when and not to understand” and that she had given her address and date of birth.

Judge Coolican said she had heard the evidence and was satisfied to convict. She fined Ms Houlihan €500 and disqualified her from driving for one year.

Recognisance with leave to appeal was fixed at €500 with €200 in cash to be lodged.