Tipperary man found asleep in vehicle found guilty of intention to drive under influence

A garda had difficulty trying to rouse a man who was asleep in his vehicle, Nenagh District Court heard.

Thomas Lambe, 41, of Coolross, Rathcabbin, pleaded not guilty to being drunk in charge of a vehicle with the intention of driving at Graigue, Rathcabbin, on July 30, 2022.

Garda Christopher Lawlor told the court he was called to a report of a driver revving his engine outside a house at Graigue on the night in question.

When he got there he found the vehicle’s lights were on, the engine was running and though it was raining, the window was fully down. The occupant was “fast asleep” and was not wearing a seatbelt.

Garda Lawlor said that the male occupant had “drool” around his mouth and on his chest and stomach.

“It took three minutes to wake him. He was disorientated and not making any sense. I had to identify myself a few times as a garda. He couldn’t give me his name, age or date of birth because of the level of intoxication, “said Garda Lawlor.

He said Mr Lambe had his top off, was not wearing a seatbelt and was causing an obstruction as he was parked half of the gravel driveway of a house and half on the public road.

The garda eventually established the occupant’s name by doing a vehicle register search.

Garda Lawlor said that while driving back to Nenagh Garda station, Mr Lambe said to him: “I’m sorry. I’ve been drinking all day. I have a wedding in Athlone tomorrow. I am getting married next year.”

A subsequent analysis showed Mr Lambe had 91 mgs of alcohol per 100ml of breath, and the limit was 22 mgs of alcohol.

Cross-examined by Kenny Kerins, BL, for Mr Lambe, Garda Lawlor said that he was satisfied Mr Lambe had intended to drive home. He had been less than 2kms from his house.

Judge Elizabeth MacGrath said she accepted Mr Lambe intended to drive.

She fined him €350 and disqualified him from driving for three years.

Recognizance were set in Mr Lambe’s own bond of €250.