Prosecution for intoxicated driving in Offaly changed after judge intervenes
Three-year ban and fine of €250 imposed
A prosecution for intoxicated driving was changed at Tullamore District Court after the intervention of Judge Andrew Cody.
When the case of Andrew Croke (27), Ring House, Delour Valley, Killanure, Mountrath, Co Laois came before him, Judge Cody asked why the prosecution had been brought under one section of the relevant act when a prosecution for a lesser offence was available.
Judge Cody said the section under which Mr Croke was being prosecuted would result in minimum of a four-year disqualification being imposed.
Mr Croke pleaded guilty to intoxicated driving at Main Street, Kinnitty on June 17 last.
The court was told by Garda Diarmaid Loughnane that the prosecution followed the man being seen at a checkpoint driving a 2008 Dublin registered vehicle.
Garda Loughnane said he could smell cannabis and the accused admitted smoking that drug. A blood sample was analysed and showed the presence of cocaine and cannabis.
Mr Croke, who was in receipt of legal aid, had previous convictions for breaches of the road traffic laws.
READ NEXT: Smashed window and door of Offaly bookmaker
David Nugent, BL, defending, said the man had been suffering with his mental health and had been working in forestry.
He was sleeping in an “idle car” but had been trying to rid himself of cannabis addiction and was seeking assistance because he knew he had a problem.
After the charge was amended on the application of Sergeant Brendan Kearns, Judge Cody disqualified Mr Croke from driving for three years and fined him €250.