Limerick motorist flipped jeep on roof after eight to 10 pints
A MOTORIST who told gardai he had consumed eight to 10 pints after overturning his jeep pleaded not guilty to drink driving.
Brian Farrell, aged 43, of Church View, Ballyagran was before Newcastle West Court in relation to the offence on September 24, 2023.
Garda Robert O’Neill said they received a report at 4.30pm of a single vehicle road traffic collision at Garbally, Kilmeedy. He said they arrived at 5pm, the fire brigade were present and there was a black jeep on its roof.
Garda O’Neill said he asked Mr Farrell if he had been driving the vehicle and he said, “yes”.
Garda O’Neill said he asked Mr Farrell what happened? The garda said Mr Farrell told him, “I was going towards Kilmeedy and next thing it was on the roof”.
“Were you drinking alcohol before it?” asked Garda O’Neill. Mr Farrell replied, “Yes. Eight to 10 pints”, said the garda.
Mr O’Neill said he detected a smell of alcohol from Mr Farrell, he was unsteady on his feet and his eyes were bloodshot. The accused was arrested and conveyed to Henry Street garda station where he gave a reading of 99mgs of alcohol per 100mls of breath at 6.48pm.
Charles O’Connor, solicitor for Mr Farrell, asked the garda if he asked the defendant to sign his notes? “No,” said Garda O’Neill.
Mr O’Connor put it to the garda that his client had had a traumatic experience? “Yes,” said Garda O’Neill.
A farmer who came upon the accident took the stand. He said he saw the jeep overturned and asked was the driver OK?
“He said, ‘yes’. I helped him out. I went to the other side of the road to stop cars because it was right on the bend,” said the farmer.
Inspector Barry Manton, prosecuting, asked the witness what time he discovered the jeep and how long after he rang gardai.
“Around 4pm and about 10 minutes,” he replied.
Mr O’Connor asked Judge Carol Anne Coolican to dismiss the case as there was no evidence of the time of driving. The solicitor said there was no evidence that the breath sample was taken in the garda station within the allowed three hour period.
“If it is 10 minutes out it is unsafe to rely on the time of driving,” said Mr O’Connor.
Insp Manton said the witness discovered the jeep around 4pm, gardai received the call at 4.30pm and arrived at 5pm. He said the sample was taken at 6.48pm which puts the State “well inside the three hour window in which a sample should be taken”.
Judge Coolican said she was satisfied the accused has a case to answer. Mr O’Connor called Mr Farrell who said he couldn’t say what time he was driving at.
Judge Coolican said she was satisfied with the time and found Mr Farrell guilty of drink driving.
In mitigation, Mr O’Connor said his client drives professionally and the “consequences speak for themselves”. He asked for the maximum postponement of the disqualification.
Judge Coolican fined Mr Farrell €500 and put him off the road for three years. The ban is due to start in July.
Recognisance was fixed in the event of an appeal.