A man arrested for alleged drunken driving “pretended to blow into an intoxyliser machine” but had not made any real effort to do so, Dundalk Court was told last week.
Luigi Cinus (38), The Mews, Distillery Lane was accused of refusing to give a breath sample at Dundalk Garda Station on April 19 2011. He denied the charge.
The court heard that Gardai had seen a car driving with no lights on at the Ramparts at about 11pm.
They followed it and hasd seen it swaying from side to side. It had also driven over the white line.
They followed it into Distillery Lane and stopped the vehicle.
Defendant had given his licence to Gardai and he was arrested.
The court heard that he had refused to give a breath sample and was then charged.
Solicitor Conor MacGuill said that the Garda who had arrested his client had said in a statement that defendant failed to give a sample but had told the court in direct evidence that he had “refused”.
The Garda said that Cinus had “pretended to blow” into the machine “but “he didn’t make any real effort”.
Mr MacGuill also said that the case should be dismissed because Gardai had not said Distillery was a public place.
The solicitor also said that Gardai had said his client had refused to give a sample. However, he had made an attempt.
There was aso no print out of a “Section 17 certificate” (a print out from the breath sample machine) as required by law.
Inspector Kieran Holohan said it was his opinion that a certificate was not required in a case of refusal.
The judge called for the law on the issue to be produced in court and put the matter back to March 6.