A 39 year old farmer has had a drink driving prosecution dismissed at Dundalk district court, after it emerged during a contested hearing that the Garda who had administered the breath test was not available to give evidence.
The investigating Garda told the court how he was on mobile patrol , when he came upon a Toyota HiLux which was swerving from left to right in front of him, at Silver Hill, Bohernamoe, Ardee on August 7th last.
He said the brake lights were also activated a number of times and when he stopped the vehicle, Shane Carroll with an address at Funshog, Collon got out of the driver's side.
There was a smell of alcohol, his speech was slurred, his eyes bloodshot and he was unsteady on his feet and Mr. Carroll was arrested on suspicion of drunk driving and subsequently failed a drunk driving breath test at Dundalk Garda Station.
The Garda confirmed to the Defence barrister that his client had been stopped on an extremely rural road, where the surface was uneven.
The barrister claimed that what was perceived as swerving was the defendant trying to avoid potholes and explained that Mr. Carroll is a farmer and was on his way to deliver a calf.
The Defence barrister argued that there was an unjust delay in processing his client of one hour and 50, but Inspector Damien Martin argued the State gives gardai three hours from the point of arrest and the whole process was concluded within the three hours.
However Judge Eirinn McKiernan dismissed the case after the court was told the garda who administered the breath test was not available to attend court to give evidence.
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