Driving ban given to Templetuohy farmer who attempted to evade gardaí after a night out

A Templetuohy farmer has been disqualified from driving for two years. Luke Larkin (65) of Tullow, Templetuohy, was convicted of drink driving by Thurles District Court.

Gardaí told the court that on the night of February 13, 2022, they observed Mr Larkin’s vehicle driving erratically in Templetuohy.

They said they had seen Mr Larkin earlier that evening in the pub and later walking on Pound Street past his vehicle.

He seemed a little unsteady on his feet, but they observed nothing else unusual. A few minutes later, they observed the defendant’s car with its lights on.

The defendant pulled out of the parking space without indicating and drove away through the village and up a private lane.

The two gardaí told the court that they followed the vehicle with the intention of obtaining a breathalyser sample from the driver.

They followed the car through the village, and to the defendant’s property with their lights and sirens on.

The court was told the driver was going at a “fair speed” and the cattle in the yard had scattered to avoid the vehicle.

When Mr Larkin exited the vehicle in his yard, they asked him to stop, to which he replied “no”, the court was told.

They said he could smell alcohol from him and did not feel it necessary to obtain the sample at that time.

They told the court that they arrested Mr Larkin and took him to Templemore Garda Station, where testing showed his alcohol level as 50 over 100. Barrister for the defendant Kenny Kearns argued that the gardaí had no right to be on the defendant’s property.

He told the court that it was his opinion that while the legislation did allow for the gardaí to come onto the property for the purposes of investigation, they did not know who was driving.

He said by the time they knew, Mr Larkin had indicated he did not want them there when he did not stop and said no.

Mr Kearns argued that a similar case had been through the courts, and the judge had ruled that a defendant has the right to ask the gardaí to leave their property.

Furthermore, gardaí must meet one of two requirements to remain on the property, and they had failed to do so.

He also argued that the defendant not being steady on his feet may be because of his age, and the smell of silage would mask the smell of alcohol.

Judge Elizabeth MacGrath, however, said she did not agree that the present case is similar enough to the case used by Mr Kearns to demonstrate that the gardaí did not meet their requirements.

She said it was her understanding that the gardaí pursued the vehicle because of the manner of driving, and they were entitled to do that.

He agreed with the State that gardaí can enter a property to investigate and that if asked to leave they would have to.

However, in this case, the gardaí had not been asked to leave. Mr Kearns argued that consent had been refused “by implication” when the defendant refused to engage with gardaí . He told the court that his client only complied when handcuffs were threatened.

Mr Larkin took the stand and gave evidence that he did not want the gardaí on his property. He said he did not invite the gardaí in and that he had just wanted to go home.

In response the State argued that the actions of Mr Larkin did not constitute a refusal of entry but evasion of the pursuing gardaí

JUDGEMENT

Judge MacGrath ruled that the defendant had not withdrawn his consent by implication, saying of the gardaí:

“They are rarely invited in.”

She disqualified the man for two years and fined him €250.

However, she granted the defendant a grace period on the ban to ensure proper arrangements could be made for his farm.