Louth 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.
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.
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