Motorist cleared of alleged drink driving after judge checks audio recording of evidence
Judge Nicola Andrews made her decision after adjourning the original hearing to listen to a Dgital Audio Recording (DAR) of the case.
A 21-year-old man accused of drink driving has been cleared of any wrongdoing after a judge ruled that there was no evidence of a time of driving given by the prosecuting Garda.
Judge Nicola Andrews made her decision after adjourning the original hearing to listen to a Dgital Audio Recording (DAR) of the case.
James Carroll, Rathmount, Seafield Road, Blackrock, Dundalk, contested a charge of drink driving at Millgrange, Greenore, on March 25, 2024.
Gda Paul Lynch testified that he was observer in a patrol car on this occasion. At 3am a report was received about a hit and run at Dundalk Road, Carlingford. A Volkswagen Golf was suspected of being involved.
Further information was received that a grey Golf was travelling towards Greenore. They came upon this car and drove after it. At 3.14am the driver came to a stop at Millgrange.
Gda Lynch continued that he got out of the patrol car. The driver of the other vehicle opened the door. He got a smell of alcohol. This man's speech was slurred and he appeared nervous.
The witness said he formed his opinion at 3.16am and arrested Mr Carroll on suspicion of drink driving. He was brought to Dundalk Garda Station, arriving at 3.55am
The defendant was treated as a specified driver on the night. All he had on him was a learner permit. He couldn't find his full licence but was adamant he had one. Mr Carroll subsequently produced the driving licence.
Gda Shane Murphy gave evidence that Mr Carroll said he was asthmatic but that he did not think it would stop him providing a breath sample.
The court heard that he provided an over the limit sample of 92mg of alcohol per 100ml of breath.
Solicitor Conor MacGuill submitted that no time of driving was noted.
Judge Andrews said, "I've a question mark about the time of driving in my notes.'
The case was put back to May 7 to check the DAR.
On the adjourned date, the judge said the time of driving was not on the DAR.
The charge was dismissed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
34 minutes ago
- Irish Times
‘Dublin 8 Says No': Mother removes son aged 8 from school due to anti-immigration protests
A mother has decided to temporarily take her son out of school in Dublin 8 following nearby anti- immigration protests over recent weeks and a 'knife incident'. Andreea-Claudia Calin took her son (8) out of Canal Way Educate Together School, located on Basin Lane, where protesters have gathered at drop-off and collection times. An encampment has been set up close to the school gates with Tricolours and graffiti stating: 'Dublin 8 Says No'. An International Protection Accommodation Service centre has been in operation at Basin View since 2022. Plans to refurbish another building to expand the centre were under consideration by the Department of Justice but were dropped in recent weeks. Ms Calin, who is originally from Romania and grew up in Greece, has been living in Ireland since 2018 with her partner and two children. READ MORE The anti-immigration encampment near the Canal Way Educate Together school in Dublin 8. Photograph: Bryan O'Brien She was informed by the school of a 'knife incident' in the area last month. It is understood that a man, who is a foreign national, had been dropping his child off at a separate primary school nearby when there was an altercation with a teenage boy who wielded a knife and, allegedly, assaulted him. Gardaí confirmed they attended the scene of 'an alleged assault and public order incident' on May 28th at 8.45am. 'A male youth was arrested concerning the incident,' said a Garda spokesman. 'He has since been released and a file will now be prepared for the Garda youth diversion programme.' Ms Calin said hearing about the knife incident 'felt like American news'. 'It's not something that you hear happening in a school in Dublin,' she said. 'I understand the free right to protest, but at the same time, there are some guidelines. It can't be threatening or intimidating. In my opinion, it's unlawful. Why have they not been removed from in front of the school? ... I want him to go to school, but it's not safe. Something needs to be done.' Ms Calin said she made the decision on Monday not to send her son to school and informed his teacher and principal. She said she is homeschooling him. 'We have Irish friends, we live in a neighbourhood with Irish neighbours that we get along with. I got Irish citizenship ... I absolutely love it here. I never saw it as an unsafe place to live until recently,' she added. 'I don't understand why these kids have to pay for whatever it is between the people who are protesting and the Government. Why are they mixed up in this and why is no one doing something to protect them?' The school's board of management said: 'We are always saddened when a child temporarily withdraws, particularly when the circumstances involve challenges that fall beyond the school's capacity to fully address or control.' The board said it was 'monitoring' the protest's impact on its school community and 'direct requests' to protesters for a different approach have so far been unsuccessful. 'We've notified the situation to the departments of education and justice, An Garda Síochána, INTO [Irish National Teachers' Organisation], Fórsa ... seeking a respectful, inclusive resolution,' it added.
Irish Times
7 hours ago
- Irish Times
Man arrested after €100,000 worth of jewellery stolen from Dublin shop
A man in his 40s has been arrested after jewellery worth an estimated €100,000 was stolen from a central Dublin business in the early hours of Wednesday morning. The Clarendon Street shop was damaged during the burglary. Gardaí responded to the burglary at about 2.45am, and a description of the suspect was obtained through CCTV footage. Gardaí on high-visibility patrol near St Stephen's Green later arrested the man, who is currently detained at a Garda station in Dublin. READ MORE Gardaí recovered the stolen jewellery after searching a site close to the man's arrest. Investigations are ongoing, a Garda spokesperson said. Paul Cleary, Assistant Commissioner of the Dublin Metropolitan Region, said public safety is 'paramount' and 'so too is helping to protect city centre businesses and their staff from theft and antisocial crime'. The 'swift and co-ordinated response' from gardaí overnight demonstrates the force is 'serious about tackling crime in Dublin' and is 'yielding some positive outcomes'. 'Our hard work to keep people safe only continues, and we hope that people feel reassured by this,' he said.
The Irish Sun
9 hours ago
- The Irish Sun
‘Sadly missed by loving family' – Tributes pour in for cyclist killed in Kerry road crash as gardai issue appeal
A KERRY man who died in a tragic road accident just days ago has been remembered as "a wonderful man". Paddy O'Donoghue, from Goortahoonig, Killarney, was an avid 2 Paddy was a driving force behind the Ring of Kerry Cycle Credit: 2 The 78-year-old has been remembered as a "gentleman" Credit: He was one of the Sadly, the 78-year old was killed on Tuesday, June 10, after he was struck by a vehicle in Kilgarvan village. The incident occurred on the R569 between 1pm and 2pm. Read more in Irish news A Garda spokesperson said: "Gardai continue to appeal for witnesses to this incident to come forward. "Any road users who may have camera footage (including dash-cam) and were travelling in the area between 1pm and 2pm are asked to make this footage available to investigating Gardai. "Anyone with any information is asked to contact Killarney Garda Station on According to his death notice, Paddy leaves behind a "loving Most read in Irish News He is also remembered by grandchildren Niamh, Dáire, Edward, John, David, Lily Bea, Sadhbh, Sebastian, Abigail, Victoria, Anna, Amelia, Thomas, Hugh, Leonie, Patrick and Oscar. And mourning him are his brother John, sisters Margaret , Kathleen and Anna, daughters-in-law Noelle and Katie, sons-in-law Martin, Charlie, Paul, Marc and Jonathan. Paddy leaves behind a wide circle of in-laws, friends, and neighbours. Tributes have poured in for the passionate cyclist, who was hailed by mourners as a "gentleman". SAD PASSING One person said: "So sorry to learn this awful tragic news. What a gentleman. Rip Paddy." Another put in: "RIP Paddy, a wonderful man." Somebody else said: "Our sincere condolences to Brenda and family on the sad and sudden passing of Paddy. "May he rest in peace and the Lord comfort you all in this time of grief." And a fourth penned: "Our deepest condolences to Brenda and family on the very sad passing of Paddy. "Thinking of you all at this sad time. May Paddy's gentle soul rest in peace." Someone else said: "RIP Paddy, such a sad loss." Plans are underway to dedicate this year's annual Ring of Kerry cycle to the deceased man.
