22-07-2025
Driving ban for drink driver whose car was 'veering from left to right' and had no lights on
A drink driver, who came to garda attention when he drove along a busy street at night with no lights on, has failed in his bid to avoid a conviction in the district court.
Court presenter Inspector Anthony Harrington told Mallow District Court that the incident occurred in Kanturk, Co Cork, just before 1am on the morning of June 17, 2024.
Giving evidence, Garda Kieran Mulcahy said that a mobile patrol on Church Street observed a vehicle driving along without its lights on. The vehicle was also 'veering from left to right' across the centre line of the road.
Gda Mulcahy said the area was busy with people at the time and when he turned on the blue lights of the patrol car the vehicle's lights were turned on.
Gda Mulcahy told the court that the vehicle was stopped and the driver was identified as William O'Reilly, aged 45, of Seamus Murphy Place, Mallow, Co. Cork. There was a strong smell of alcohol in the vehicle and O'Reilly's speech was slurred and his eyes were bloodshot.
O'Reilly had to be assisted in getting out of the vehicle and was very unsteady on his feet. Gda Mulcahy said he formed the opinion O'Reilly was intoxicated and he was arrested on suspicion of drink driving.
O'Reilly admitted he had consumed alcohol but did not know how much. At Mallow Garda Station a blood test was carried out the results of which showed that O'Reilly had a blood alcohol level of 341mg per 100ml where the legal limit is 50mg.
Defence counsel Carmel Goggin BL queried whether the 'b' blood sample kept at the station was stored securely in the five-hour period from when it was taken to when it was sent for analysis. Gda Mulcahy said he had kept the sample in his possession "at all times'.
Judge Colm Roberts said he accepted that the sample was secure as it was in Gda Mulcahy's possession and said there was 'no reason for concern' based on the evidence. He added that there was no evidence 'to cause a doubt as to the integrity of the sample'.
The court heard that O'Reilly had eight previous convictions including drink-driving and dangerous driving.
Judge Roberts said that O'Reilly's behaviour was 'not acceptable' adding: 'His difficulties cannot be everybody else's difficulties. If you had killed a child you would have to live with that for the rest of your life.'
For drink-driving William O'Reilly was disqualified from driving for three years and sentenced to three months in prison suspended for two years on condition he does not consume alcohol and only takes prescribed drugs. For careless driving he was disqualified for two years and fined €250 with two months to pay.
A third charge of failing to produce a valid certificate of insurance was taken into consideration. Recognisance for appeal was set at €1,000, with €500 in cash.
This article is funded by the Courts Reporting Scheme
