Solicitor claims client’s liberty was denied following arrest

A SOLICITOR has claimed her client was unlawfully detained by gardaí after he was arrested for drink driving because gardaí had to wait two hours for a doctor to arrive to take a sample.
Antoin Brehon of Doughill, Curraghroe, Co Roscommon, appeared before last week’s sitting of Westport District Court after being arrested for drink driving in Westport while attending a wedding.
The court heard that on September 27, 2015, gardaí in Westport received a driving complaint and Garda Darren Conlon said he went to investigate. He said a car that pulled out of a service station on the Castlebar-Westport road travelled towards Westport and went over the white line at Carrabeg stores.
The car stopped at the Mill Times Hotel on Mill Street, Westport, and Mr Brehon was arrested at 11.35pm, after he failed a road side breath test, When he was brought to the garda station, Westdoc was called. The Gardaí were told Westdoc was dealing with an emergency and would deal with Mr Brehon as soon as possible.
Garda Conlon phoned again at 1am and was told the doctor would arrive in ten or 15 minutes. The designated doctor arrived at 1.30am, and a urine sample was given, which showed a concentration of 155mg of alcohol per 100ml of urine.
Ms Cathy McDarby, solicitor for the defendant said the length of time her client was detained was unnecessarily protracted and that his liberty had been denied. She argued he could have been brought to Castlebar garda station where the Intoxiliser breathalyser machine was located or another doctor could have been called.
Supt SeΡn Colleran said that when Westdoc were first called, they said they would be at the station as soon as possible. He accepted that Mr Brehon was waiting for two hours but claimed it was outside their control and the procedure was to wait for a Westdoc doctor to arrive.
Judge Mary Devins said she would consider the legal argument and give her decision on May 5.