Man was arrested for drink driving while eating takeaway in Ballyhaunis forecourt

A ROSCOMMON man has been found guilty of drink driving while sitting in a parked car in a Ballyhaunis filling station after a judge ruled the area the car was parked was a public place.

James Owens of Carrowdangan, Four Mile House, Co Roscommon appeared before Castlebar District Court where he was charged with being drunk while in charge of a vehicle on July 27, 2021.

The court heard that Mr Owens was sitting in his parked car at the forecourt of the Corrib Oil filling station at Cherryfield, Ballyhaunis at 12.24am when he was detected by gardaí. Mr Owens, a self-employed ecologist, contested the charge claiming that because the filling station was closed it no longer constituted a public place and he could not be charged with the offence.

Garda Nicola Dolan explained that when she entered the forecourt of the station she noticed a man in the driver seat of a Volkswagen Golf eating a takeaway with the keys in the ignition and the radio on.

After speaking to Mr Owens she formed the opinion he was drunk while in charge of a vehicle and arrested him for drink driving.

Mr Owens was conveyed to Claremorris Garda Station where he opted to provide a blood sample which subsequently showed he was substantially over the drink driving limit.

When cross examined by Ms Joan O'Brien, solicitor for Mr Owens, Garda Dolan agreed that the filling station was closed at 11pm but also believed that petrol could be bought 24 hours a day.

Ms O'Brien claimed that because the business was now closed, it was not open to the public and could not be constituted as a public place where the public were welcome. Garda Dolan disagreed with this logic.

Garda Dolan also disagreed that there has been an 'unusual delay' in contacting a doctor to attend the garda station or in the doctor arriving.

Ms O'Brien asked Judge Fiona Lydon to dismiss the charge against her client on a number of issues including the delay in contacting the doctor and the place where the arrest took place was not a public place.

Inspector Colm MacDonnachadha argued that there had been no delay and that the area was a public place despite the business being closed.

Judge Lydon ruled against Mr Owens and convicted him of being drunk in charge of a vehicle.

Mr Owens, the court heard, has no previous convictions and Ms O'Brien said he was a married man with a responsible job and the disqualification will have a big effect on his livelihood.

Judge Lydon commented that the reading was very high and disqualified him from driving for three years and fined him €1,000. Recognisance was fixed in the event of an appeal.