Binghamstown man blames potholes for erratic driving

Binghamstown man blames potholes for erratic driving


A DRIVER who was arrested for drink driving after he was detected swerving along the road blamed the bad state of the roads and having to avoid potholes for his erratic driving.
Edward Walsh (50) of Emly Beg, Binghamstown, appeared before last week’s sitting of Belmullet District Court for failing to provide a breath test after he was arrested for drink driving on December 8, 2008. The court heard that Mr Walsh was veering for side to side on the road before he was arrested, but he claimed that the road was narrow and he had to take action to avoid potholes.
Garda David Hanley explained that he was an observer in the patrol car and noticed Mr Walsh getting into a car after leaving Ó Raghallaigh’s pub in Binghamstown. They followed him and noticed he failed to use his indicator when turning left, and he failed to stop when he activated the siren and blue lights. He added that he mounted the grass verge on two occasions and formed the opinion that he had committed an offence.
They continued to follow a vehicle, which drove into a private residence. Garda Hanley said he then arrested Mr Walsh who argued that he was on private property and the arrest was illegal.
Mr Walsh was conveyed to Belmullet Garda station where he was asked to blow into an intoxiliser machine. When Garda Hanley made the requirements to Mr Walsh, he claimed the defendant told him, ‘to f**k off with your requirements’. Garda Hanley said that Mr Walsh blew two times into the machine but twice failed to provide a specimen, which constituted a fail.
Under questioning from Ms Samantha Geraghty, Garda Hanley said they followed Mr Walsh for a mile-and-a-half along a boithrín and pointed out that they were ‘not swerving all over the road’. Ms Geraghty went on to argue that the arrest was not valid because it was on private property and the opinion of the garda was made after a short period of time. Judge Gerard Haughton said gardaí were entitled to enter the curtilage of a home to make an arrest and added the evidence of the garda regarding Mr Walsh’s driving was sufficient to make the arrest unless Mr Walsh could prove otherwise.
Mr Walsh told the court that the road was in a bad state at the time of the arrest and was only fixed before the local elections. He added it was a narrow road and that he was forced to swerve to avoid the potholes. When asked by Inspector Joe Doherty why he did not stop for the garda car, Mr Walsh said he thought it was an ambulance and did not realise it was a patrol car. He also admitted that he had two pints in the pub before driving.
Judge Haughton said he was satisfied that the arrest was valid and found Mr Walsh guilty of refusing to provide a specimen. After hearing that Mr Walsh was a married family man with no previous convictions, he disqualified him from driving for four years and fined him €800, plus €90 expenses.