Businessman in Co Kildare is due to appear in Naas Court next week to decide what button he pressed on road side drink driving test
A Co Kildare based businessman facing charges for dangerous driving on the M7 has been ordered to reappear at Naas Court next week.
The 36- year-old married man, originally from Moldova, with an address in Newbridge, is charged with refusal to give a sample of breath and dangerous driving at the M7 Cherrywood, Kildare, on December 28, 2015.
Evidence was given by Garda Sharon Shaughnessy how the accused was seen driving while 'swerving side to side.' The court heard how the sirens were activated and the accused pulled into the hardshoulder.
Garda Shaughnessy said: "He was unsteady on his feet."
He was put into the patrol car.
In the station Garda Shaughnessy outlined to the accused how he could face a €5,000 fine or six months in prison.
Garda Shaughnessy said that the accused 'kept speaking over me.'
She said:"I kept repeating that I could not choose."
Defence Barrister, Maurice Coffey said: "There was never an intention on his part for failure or refusal of a sample. He was trying to understand."
Garda Shaughnessy said: "I don't accept that, he was rude."
Defence argued how the accused felt that signing was an admission of guilt.
Supt Martin Walker outlined how the accused had no issue when Garda Kevin Flynn explained to him at the car when it was stopped at M7 Cherrywood, that he could face a €5,000 fine or six months in prison.
Defence argued that it was unclear whether the accused had pressed specified or unspecified on the draeger machine, as part of a roadside test.
According to Mr Coffey, the accused signed specified which indicated that he did not have a full driving licence, despite him having a full licence, which would be unspecified.
Mr Coffey argued that the specified would have allowed him a lower drink driving limit.
Supt Walker said: "At the time of arrest, he stumbled out of the car. He was trying to confuse the issue. This man was very drunk."
Judge Desmond Zaidan said: "I have no doubts that the accused did not know what was going on. In July 2016, he said that he had no need for a translator. "
Judge Zaidan deferred the ruling until November 10, where Garda Flynn is being called to confirm if the accused pressed the specified or unspecified button at the roadside.
New lower drink drive limits were introduced in Ireland on October 2012. The drink drive (BAC Blood Alcohol Concentration) limit was reduced from 0.8 (80 mgs/100mls) to 0.5 (50mg/100mls). A further lower limit of 0.2 (20 mgs/ 100mls) was introduced for specified drivers.