Man who failed breathlyser
escapes ban

A man who failed a breathalyser test when stopped by Gardaí has escaped a drink driving ban at Carrickmacross District Court.

A man who failed a breathalyser test when stopped by Gardaí has escaped a drink driving ban at Carrickmacross District Court.

Raymond Mulholland, Donaghmore, Carrick Road, Dundalk, Co Louth was stopped by Gardaí in Castleblayney on the night of 12 January 2013.

Garda Orla Nelson said she observed a car being driven by Mr Mulholland. Garda Nelson saw the car brake sharply, causing the occupants to be jolted forward.

She then saw the car nearly collide with a vehicle outside the Glencairn Hotel, and following that the vehicle indicated when taking a bend in the road.

The car was pulled over, and Mr Mullholland, who smelled of alcohol and slurring his words, subsequently failed a breathalyser at approximately 2.29am.

He was informed of what was happening to him before being conveyed to Carrickmacross Garda Station, where he was observed and introduced to member in charge, and asked to give a sample of breath to an intoxiliser.

He was then taken to Castleblayney Garda Station and introduced to a doctor who undertook a urine sample being produced. At approximately 4am the sample was split and sealed into two containers and Mr Mulholland was given the choice of one to undertake his own test if he so wished to do so. He took one of the containers.

His defence solicitor then cross examined Garda Nelson and asked had the doctor sealed the containers and completed the certificate correctly.

Judge MacBride warned the solicitor not to waste his time but the solicitor pointed out that the certificate had not been completed correctly.

The certificate had not been completed where it was meant to denote whether the sample was blood or urine. The case was dismissed on those grounds. Judge MacBride said it was extremely slapdash of the doctor who was meant to complete the certificate.