24-05-2025
Louth motorist fails to overturn drink driving conviction
Declan Leddy, Clonmore, Ardee, was fined €2,500 in the district court and disqualified from driving for three years.
The grounds of his appeal to Dundalk Circuit Court was that he had been unlawfully detained following his arrest and prior to giving two samples of breath.
It was argued that the 20-minute period of observation before he was tested was superfluous as Gardaí were aware he had nil by mouth as they transported him from the scene of the incident near Ardee to Dundalk Garda Station.
However, Judge Dara Hayes rejected that submission. He did allow a postponement of the disqualification until November 21 and reduced the fine to €500 with six months to pay.
Gda Nuala Crossan testified that at 8.20pm on December 16, 2023, she and Gda Conor Hegarty were called to the N52 outside Ardee.
She was observer in the patrol car and at Ballybailie saw a silver Volkswagen Jetta swerving on the road. It came to a stop before attempting to drive forward. The car came to a stop again. The only occupant was a male in the driver's seat.
Gda Crossan said that she got a strong smell of drink from the defendant whose eyes were glazed. He appeared nervous. She formed her opinion and arrested Mr Leddy at 8.35pm.
He said to her that he 'had a few pints in town' and was on his way home.
She was seated in the rear with him en-route to Dundalk Garda Station. He was compliant and there were no concerns. They arrived at 8.55pm.
Gda Hegarty, the driver, gave evidence that he was a trained Evidenzer operator. This is the machine that takes breath samples.
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He started a 20-minute period of observation at 9.13pm before the prisoner provided two specimens which gave an over the limit reading of 122mg of alcohol per 100ml of breath.
Gda Hegarty told barrister Ronan O'Carroll that prior to the period of observation he was satisfied that Mr Leddy had nil by mouth as much as he could be as he was driving.
He said that the 20-minute period of observation at the station 'is protocol and has to be done'.
He agreed it was a guideline by the manufacturers of the Evidenzer.
Mr O'Carroll submitted that the 20 minutes of observation were not required, and that the garda took the view that this period must be observed.
If there were 20 minutes of nil by mouth prior to this and no need for the observation, then it was an unlawful detention or would have to be objectively justified.
State solicitor Fergus Mullen said there was objective justification on the basis of the evidence.
He hadn't encountered a situation where anybody other than the Evidenzer garda had carried out the 20-minute period of observation.
Judge Hayes said that this period of observation was to ensure that the person has not had alcohol by drinking or regurgitating it to potentially contaminate the test and give a misleading reading.
He continued that Gda Hegarty had provided an objective basis for the further period of observation.
Mr O'Carroll said that Mr Leddy had no previous convictions, nor had he been in any trouble since.
A bus driver taking home €360 per-week bringing disabled youths to and from work, he would lose that employment.
Judge Hayes noted that a 'considerable quantity' of alcohol had been taken, though the court had seen higher.
There would be a penalty for the appellant and the judge said he hoped Mr Leddy found further employment.
An order was made as outlined and legal aid granted.
