Nenagh motorist who left car on its side after accident is banned for drink driving

A driver who turned his car on its side following a crash has been disqualified from driving and fined after he was found guilty of drink driving.

Aaron Mulqueen, 28, of Carrow, Capparoe, Nenagh, pleaded not guilty to the offence at Lissenhall, Nenagh, on June 11, 2021, before Judge Elizabeth MacGrath at Nenagh District Court.

Witness Gerry Moloney, Lissenhall, told the court that he had been asleep on the night in question when he heard a car coming up the road and heard a loud bang like a crash.

He looked out his window and saw a car lying on its side with its flashing lights on.

Mr Moloney went to the car and shouted to see if anyone was in the vehicle but got no response.

He then saw a person in the car lying on their side inside the car on the passenger side. The person started to come through and he got them out of the car.

The person was in shock, said Mr Moloney and he rang 999.

Cross-examined by Kenny Kerins, BL, for Mr Mulqueen, Mr Moloney said that he put the time at approximately 4.15am and that it was a bright morning.

He had no idea who had been driving the car. He had just got the person out of the vehicle and made sure they were ok, he said.

Garda Sandra Gartlan told the court that she was on mobile patrol with Garda Aislng Dunne and at approximately 4.33am they were directed to attend the scene of a road traffic collision at Lissenhall.

She said the vehicle was on its passenger side on the opposite side of the road to which it had travelled.

She noted debris at the scene and the vehicle’s flashing lights were on. There were tyre marks on the road.

Garda Gartlan spoke to both men at the scene.

Mr Moloney said that he had gone to assist while Mr Mulqueen said that he had been driving and that he had been drinking.

She cautioned him and Mr Mulqueen told her: “I was driving home from Nenagh. I wanted to sleep in my own bed. I hadn’t slept there for six weeks.”

She made a note of it in her notebook and arrested Mr Mulqueen on suspicion of drink driving.

An ambulance arrived at the scene and Mr Mulqueen was assessed by the paramedics, who said Mr Mulqueen’s condition was stable, she said.

Mr Mulqueen was brought to Nenagh Garda Station and a subsequent breath test showed he had 83mgs of alcohol per 100mls of breath.

Cross-examined by Mr Kerins, Garda Gartlan agreed she had not read her notes back to Mr Mulqueen or asked him to sign her notebook.

However, she explained that this was “because he was intoxicated” and he was still intoxicated after the breath test.

“I would never get anyone to sign my notebook if they were intoxicated,” she said.

She also agreed that there were two separate times noted in her notebook, but pointed out that Mr Moloney had given the time as 4.15am in his statement.

Mr Kerins submitted to the court that the time difference was a factor in the State’s case, but Judge MacGrath ruled it was within the permitted time frame.

He also submitted that no statement had been obtained from Mr Mulqueen as he had not signed the notebook.

Insp Amanda Reynolds pointed out that Garda Gartland hadn’t asked for Mr Mulqueen to sign the notebook as he was intoxicated.

Judge MacGrath said that she was satisfied that a voluntary admission had been made by Mr Mulqueen and convicted him of drink driving.

In mitigation, Mr Kerns said that Mr Mulqueen was a young, hard working man and asked the court to treat the incident as an “aberration”.

Judge MacGrath disqualified Mr Mulqueen from driving for three years and fined him €300.

She set recognizance in his own bond of €250.