Judge admits court in ‘quandary’ over drink driving ruling

Judge admits court in ‘quandary’ over drink driving ruling


A DISTRICT Court Judge stated that the court was in ‘something of a quandary’ regarding the interpretation of the drink driving legislation following a drink driving case in Castlebar last week.
Judge Mary Devins made the comment after she admitted not coming across a situation like it before when she heard evidence that a suspected drink driver opted to give a blood sample, despite not being formally asked by the garda after he failed to provide a sufficient urine sample.
David O’Malley of Pine Cottage, Cloggernagh, Islandeady was arrested for drink driving on September 16, 2014 and when he was brought to Castlebar Garda Station, he choose to provide a urine sample. However, when he was told by the doctor that there was insufficient urine for a sample, he told the arresting officer, Sergeant Gerry McEntee he would provide a blood sample.
Defending solicitor, Gary Mulchrone argued in Castlebar District Court that the provisions of the drink driving legislation were not adhered to because Sgt McEntee failed to give his client a warning to provide a sample. He said the case should be dismissed as a result.
Superintendent Joe McKenna said that Sgt McEntee gave the warning before Mr O’Malley opted to provide urine but did not ask him to provide blood because the defendant immediately offered to provide a blood sample.
Supt McKenna admitted it was an issue he never came across before in court and Judge Devins also said she did not know of any case law and they were in a quandary. She adjourned the court until May 6 to ‘let me think about it’.
The court had earlier heard that Mr O’Malley was arrested for drink driving at Saleen, Ballinrobe Road, Castlebar at 11.20pm, and admitted having earlier drank two pints at a funeral.
The designated doctor arrived at 12.35am and Mr O’Malley opted to provide a urine sample, but the doctor informed him there was insufficient urine provided. Sgt McEntee said the defendant then indicated he would provide a blood sample, which later showed a concentration of 224mg of alcohol per 100ml of blood - over four times over the legal limit.
Under cross examination from Mr Mulchrone, Sgt McEntee said that at the time there was no confusion on the prisoner’s part on what was required and ‘straight away he opted for blood’.