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Donal O'Regan, 24 May
A GARDA discovered a Limerick motorist was over the legal alcohol limit
after his attention was drawn to an out-of-date tax disc, a court has
heard.
Shane Kelly, aged 46, of Lower Mauricetown, Ballagh, County Limerick
before Newcastle West Court accused of drink driving at Mountplummer,
Broadford on September 3, 2022.
Garda Errol Flynn said he was on duty in Broadford when he observed a
vehicle at 6.40pm.
“The tax was out a considerable period of time. I indicated for the
vehicle to stop. I spoke to the driver. I demanded production of his
driving licence. I got a strong smell of alcohol from him. His speech
was slurred and and eyes were glazed. I formed an opinion he had
consumed alcohol,” said Garda Flynn.
The court heard that the defendant failed a roadside breath test and
was then arrested on suspicion of drink driving.
Mr Kelly was conveyed to Rathkeale garda station where he gave a
reading of 51mgs of alcohol per 100mls of breath.
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Inspector Gearoid Thompson, prosecuting, said Garda Flynn detected one
matter which caused him to form an opinion thereafter.
Charlie O’Connor, solicitor for Mr Kelly, asked Garda Flynn if his
client co-operated fully.
“He was co-operative at all times,” said Garda Flynn.
Mr O’Connor said the reading was in the “low category”.
“It was out of character. His licence is essential to him and this will
have terrible consequences to his employment. He drives in rural areas.
The consequences are substantial,” said Mr O’Connor, who asked for the
maximum postponement of a driving ban so his employer can get a new
employee.
Judge Carol Anne Coolican convicted and fined Mr Kelly for drink
driving. The judge disqualified him from driving for two years and
imposed a fine of €500.
The commencement of the driving ban was postponed until November.
Recognisance was fixed in the event of an appeal.