Dundalk courthouse
A 43 year old man who contested a drunk driving prosecution on the grounds that the wrong location was on the charge sheet, has been convicted at Dundalk District Court.
Niall Myers with an address at Farndreg Estate, Dundalk had pleaded not guilty to committing the offence on the Ramparts Road, Dundalk on May 26th last year.
The original court hearing last month was told that the accused had failed a roadside breath test after the car he was driving was stopped at an authorised Mandatory Intoxicant Testing checkpoint on the Rampart Road shortly after 10pm.
He was taken to Dundalk Garda Station where he underwent a breath test and gave a specimen that was over the legal limit.
Under cross examination by the Defence barrister, the garda said the checkpoint was at the entrance to a housing estate near the local tennis club.
The Defence then produced images from Google Maps and following discussions with the Prosecution, the barrister told Judge Ciaran Liddy there was a legitimate dispute over whether the location is properly described as Rampart Lane and it was agreed to have the matter clarified by Louth County Council saying "We're either right or we're wrong.
Either this checkpoint was established at Rampart Lane or Rampart Road."
The Defence believe the checkpoint was on Rampart Lane and that it's a separate public place to Rampart Road.
Last Wednesday, when the case was called, the Defence solicitor said his client continues to plead not guilty and protest his innocence, but added "the point is not going to be resolved today in our favour".
Judge Stephanie Coggans imposed a €350 fine and a two year driving ban, with the matter set to be appealed in the Circuit Court.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.