Longford District Court: Fine and ban for refusing to give sample

A defendant who “didn't want to face” the consequence of his drink driving was banned from the road for four years and fined €400 at Longford District Court.

Seamus Donoghue (60) of Grousehall, Loughduff faced a charge of failing to provide a sample of breath contrary to section 12 of Road Traffic Act at Longford Garda Station.

Solicitor Frank Gearty indicated that his client was entering a plea of guilty to the offence.

Outlining details of the case Sergeant Enda Daly said that on December 6, 2022 at 12:02am officers on patrol observed a Ford Fiesta driving at speed. The officers followed the vehicle, which was “all over the road”.

At one point the car turned down a side road without using the indicator. The officers signalled for the car to stop.

Speaking to the driver, Mr Donoghue, the Gardaí noted a strong smell of alcohol, and that his speech was slurred. The defendant was arrested and brought to Longford Garda Station.

When asked for a breath specimen Mr Donoghue refused.

Sgt Daly said the defendant had five previous convictions, but added they were “historic in nature”.

The most recent was a drink driving conviction from 2007 and another two drink driving convictions from 2004.

Making the case for his client Mr Gearty said the defendant lives in a very rural area. He explained that Mr Donoghue works as a fitter in a factory in Gowna and commutes from Loughduff.

With regard to the refusal to provide a sample Mr Gearty said Mr Donoghue “was in denial” at the time and “didn't want to face into it”. The court heard the defendant will now have to get his wife to drive him to work, an imposition he deeply regrets.

Mr Gearty said: “No discourtesy was ever intended, this is not his normal standard of behaviour. He is very sorry for his actions.”

Judge Owens registered a conviction and imposed a fine of €400 with four months to pay.

The offence also attracted a four year disqualification form holding a drivers licence.