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Claremorris man was over four times legal driving limit

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Claremorris man was over four times legal driving limit


A CLAREMORRIS man has been disqualified from driving for three years after he was found to be over four times the legal driving limit.
Declan Gill (37) of 1, Barnahalla, Claremorris appeared before Claremorris District Court sitting in Castlebar charged with drink driving and careless driving on March 13, 2014.
The court heard that shortly after 11pm, gardaí came upon a traffic accident at Corrib Oil, Ballinrobe between a Volkswagen Golf and a Rexton 4x4.
Giving evidence, the driver of the VW Golf, Pat Costello, Knocknageeha, Newport said he was leaving Corrib Oil when a ‘wagon whisked along’ his car, going right.
Mr Costello said Mr Gill initially said he would ‘fix up’ with him for the damage but subsequently took photos of the scene and said he would not fix the damage as Mr Costello was ‘out on the white line’. The damage to Mr Costello’s car amounted to €900.
Judge Mary Devins heard that because Mr Gill’s insurance company Setanta insurance no longer existed, Mr Costello had not yet received the money for the damage to his car.
The court heard that while asking staff in Corrib Oil to ring gardaí, a garda patrol car arrived on the scene. Garda Colin Murrin told the court that while talking to Mr Gill he noticed a smell of alcohol and subsequently made the requirement for a sample of his breath.
Following two malfunctions of the breath testing device, Garda Murrin observed Mr Gill for a period of time.
“He went over to Mr Costello’s car and was pointing to a white line that I couldn’t see. He tried to use his phone with great difficulty and nearly fell over into carriageway,” said the garda.
On providing a sample of blood at Claremorris Garda Station it was later found that Mr Gill was over four times over the legal driving limit with 221mg of alcohol per 100ml of blood.
Defending solicitor Gary Mulchrone made a number of submissions relating to the specific time of the offence and the fact Garda Murrin didn’t witness his client driving.
Judge Devins dismissed the submissions noting that Mr Costello had given evidence that the incident took place ‘around 11pm’. She said the prosecution had proved the drink driving case beyond reasonable doubt and convicted Mr Gill, disqualifying him from driving for three years and fining him €300.
The judge adjourned the matter of careless driving to June 16, and suggested that a payment of €900 be made available to Mr Costello before that date.