A 31-year-old man has avoided a conviction for failing to give a drink driving breath specimen, after the Defence successfully argued that he has a poor standard of English and did not understand when the requirement was formally made of him at Dundalk Garda Station.
However, Jakub Hruby of Waterville Crescent, Dundalk was subsequently convicted of drink driving after a garda gave evidence in relation to his driving on November 26th 2016.
The Defence solicitor told the court that there was no interpreter present at the Garda station and none was called.
She argued that the accused needed to understand what was said to him when the requirement was made of him to provide two breath specimens.
She said her client has very little English and she had to use an interpreter when taking instructions from him.
The court was told the accused had answered all the questions fully in English and was offered the services of an interpreter but had refused.
Judge John Coughlan dismissed a summons for failing or refusing to give a specimen.
The investigating Garda, subsequently gave evidence that he had seen the defendant drive the wrong way around a roundabout at Woodbury Gardens on Tom Bellew Avenue and he drove on the wrong side of the road.
The defendant’s speech was slurred and his eyes glazed, and he was arrested on suspicion of drink-driving.
He produced a Czech driving licence at the scene and said he would produce his insurance at Dundalk Garda Station.
However, the court heard the accused did not have insurance cover.
The Defence solicitor said her client works in advertising at National Pen and his job involves driving.
Judge Coughlan convicted and fined him €100 and banned him from driving for four years for drink driving and imposed a €75 fine for driving without insurance.