Drink drivers warned to ‘bring their toothbrush’ to court

A JUDGE has warned motorists who appear before him convicted of a high reading for drink driving to ‘bring their toothbrush’ and to expect a jail sentence.

Judge Vincent Deane made the comments after convicting a Mayo man who contested a drink-driving charge despite being over three times the drink driving limit when he almost hit a Garda patrol car.

Mr Paul Gibbons of 9 Drymill Lawns, Irishtown, was disqualified from driving for three years and fined a total of €3,000 after he was convicted of dangerous and drink driving.

Mr Gibbons contested the charge on the basis his detention at the Garda station following his arrest was unlawful. However, this was rejected by Judge Deane.

When sentencing the defendant, Judge Deane said he would not make an example out of Mr Gibbons but warned that people who unsuccessfully contest a drink-driving charge without mitigating circumstances should expect a prison sentence.

“We have to reach a stage where the levels of intoxication involved in a drink driving case has to be reflected in the penalty,” he told the sitting of Castlebar District Court.

“I would think on an objective level with the level of reading and with little or no mitigation it would not be a disqualification you should be worried about it [but] going into custody,” he said.

Addressing the solicitors in the courtroom, Judge Deane added: “I hope my views are taken into account when clients are advised on if they will run a case… Do not expect the court to exercise its discretion in your favour.”

Wrong side of the road

EARLIER Garda John Hughes told the court that on October 13, 2022 at 12.45am, he was in a patrol car travelling in the direction of Ballindone in the townland of Castlereagh, Irishtown, when he observed a car coming towards him. He said the vehicle was over on the wrong side of the road and that his colleague Garda Alan O’Hora had to pull in hard to the ditch to avoid a collision.

Garda Hughes said the vehicle was a blue van and they turned the patrol car and activated the blue lights and siren. A short time later they came upon a blue Volkswagen Caddy van parked along the side of the road and Garda Hughes noticed a man walking in a field.

When he told the man to stop he said the man put his hand on his head and said ‘I’m f***ed, I’m done’. When asked what he meant by this he replied, ‘I’m caught’.

Mr Gibbon identified himself to the gardaí, and when asked told Garda Hughes that he had been drinking in the Shamrock Bar in Claremorris.

Garda Hughes said he arrested Mr Gibbons for drink driving and brought him to Claremorris Garda Station where Sgt Paul Connolly took a sample of his breath. The results of the test showed a concentration of 91 microgrammes of alcohol per 100ml of breath – the legal limit is 22 microgrammes.

‘Ridiculous’

WHEN questioned by Dermot Morahan, solicitor for Mr Gibbons, Garda Hughes admitted that the defendant did not sign his notebook after admitting he had been drinking as per the ‘judge’s rules’ when questioning and cautioning a suspect. When asked why he didn’t get Mr Gibbons to sign his notebook, Garda Hughes replied that at the time they were in a field.

Mr Morahan also argued that the 20-minute period of observation before taking a breath sample was not adhered to in full by Sgt Connolly. For this and other reasons he claimed his client was unlawfully detained and sought a direction by Judge Deane to strike out the charges.

However, Judge Deane found that the reasons for striking out the charges ‘bordered on the ridiculous’, saying it was clear Mr Gibbons had a case to answer. Mr Morahan said his client would not be going into evidence.

He explained that on the night in question, Mr Gibbons was to stay with his partner in Claremorris but there was a disagreement and he decided to travel to his parents’ house. He added that his client was self-employed and had no previous convictions.

Before imposing the sentence, Judge Deane commented that as well as being over three times over the drink driving limit, Mr Gibbons had also put the lives of two gardaí at risk.

Mr Morahan asked Judge Deane to consider postponing the disqualification of the driving licence, as his client’s elderly mother was ill. However, Judge Deane refused and noted that Mr Gibbons was very lucky to be spending Christmas at home with his mother.