A Ballina woman failed a roadside breath test whilst driving her three young children, the local district court has heard.
Donna Murray (34) of Gortogher, Cloghans, Ballina, has contested charges against her of drink-driving and dangerous driving on November 11, 2011.
Garda Brian Fowley told the court that Gardaí responded to an anonymous caller that there may be a drink-driver at the Killala Road Business Park in Ballina.
He said that he and Garda Adrian Kerins drove in that direction and observed Ms Murray’s car leaving the estate. He said that he noticed the car was driving in and out of the cycling lane and the car pulled over, once Gardaí activated their lights, at Kilmore-Moy, Ballina.
He said that Ms Murray’s three children, aged 7, 6 and 3, were in the rear seat. She failed a roadside breath test and Garda Adrian Kerins gave evidence that Ms Murray’s breath specimen at Ballina Garda Station showed a concentration of 61 micrograms of alcohol per 100ml of breath.
Defending solicitor John Gordon sought a dismissal on three grounds. He questioned the grounds Gardaí had to pull Ms Murray over, arguing that moving in and out of a cycle lane did not constitute dangerous driving and grounds to suspect drink driving. He also questioned whether Ms Murray had been fully observed for the 20 minute mandatory observation period before she gave her specimen. Thirdly, he asked Judge Denis McLoughlin to consider dismissing on the grounds that the breath specimen reading handed into court was ‘factually incorrect’.
Judge McLoughlin adjourned the matter to May 22 for a date to be set for him to return to Ballina to give his verdict.