Latest news with #RoadTrafficAct2010
Sunday World
3 days ago
- Sunday World
Drunk driver from Wexford who couldn't remember how he ended up in Co Donegal is jailed
Father-of-four Martin O'Brien appeared before Letterkenny District Court in Co Donegal charged with a number of offences A Co Wexford man who couldn't remember how he ended up drunk behind the wheel of a car at the other end of the country has been jailed for a total of eight months and put off the road for 10 years. Father-of-four Martin O'Brien appeared before Letterkenny District Court in Co Donegal charged with a number of offences. It comes after an incident on June 24th last when a member of the public reported a car being driven in an erratic manner in Letterkenny. Garda Sergeant Jim Collins told the court that O'Brien has 95 previous convictions and outlined the charges against the 43-year-old. The offences include public order, theft, dangerous driving and driving without insurance for which O'Brien had served some time in prison. Sgt Collins said Gardai received an anonymous call from a member of the public on the day after they saw a silver Vauxhall car being driven "all over the road" at Ballyraine in Letterkenny. The driver, a Martin O'Brien, of The Elms, Park Avenue, Gorey, Co Wexford, was arrested and brought to Letterkenny Garda Station. When in custody, Gardai discovered that O'Brien was not the owner of the car, he was not insured to drive the car and he also tested positive for alcohol. O'Brien was charged that at Lidl Carpark,Ballyraine, Letterkenny, Co. Donegal a public place in the said District Court Area of Letterkenny district no 1, while being a specified person as defined in section 3 of the Road Traffic Act 2010 as amended by section 9 of the Road Traffic (No. 2) Act 2011, did drive a mechanically propelled vehicle while there was present in your body a quantity of alcohol such that, within 3 hours after so driving, the concentration of alcohol in your blood did exceed a concentration of 20 milligrams of alcohol per 100 milliliters of blood, to wit 124 milligrams. The charge was Contrary to section 4(2)(b) & 4(5) of the Road Traffic Act 2010. He was also charged that on the same date and location he did unlawfully use a mechanically propelled vehicle without the consent of the owner or without other lawful authority. The charge was Contrary to Section 112 of the Road Traffic Act, 1961, (as amended by Section 65 of the Road Traffic Act, 1968, and as amended by Section 18 of the Road Traffic Act, 2006). O'Brien was also charged on the same date and place was the user of a mechanically propelled vehicle, such vehicle being one for which neither a vehicle insurer nor an exempted person would be liable for injury caused by the negligent use of said vehicle at that time and for which there was not then in force an approved policy of insurance as required by Part VI of the Road Traffic Act, 1961, as amended by Part VI of the Road Traffic Act, 1968, as amended. That charge was Contrary to Section 56(1) & (3) Road Traffic Act 1961 as amended by Section 18 of the Road Traffic Act, 2006. Solicitor for the accused, Mr Robert Ryan, told the court that his client had a long addiction to heroin and had been on a methadone programme when he previously came out of prison. He had turned to alcohol since but Mr Ryan said his client presented as a very different man from when he was arrested. He said O'Brien had suffered a number of tragedies in his life but was trying to get his life back on the straight and narrow. He added that on the day in question, O'Brien had little or no memory of the incidents and doesn't even know how he ended up in Co Donegal. The accused had put up his hands to the charges and now wanted to put them behind him. Judge Eiteain Cunningham sentenced O'Brien to a total of eight months in prison and also banned him from holding a driving licence for ten years. Stock image News in 90 Seconds - July 22nd
Irish Daily Mirror
3 days ago
- Irish Daily Mirror
Jail for drunk driver who couldn't remember how he ended up in different county
A Co Wexford man who couldn't remember how he ended up drunk behind the wheel of a car at the other end of the country has been jailed for a total of eight months and put off the road for 10 years. Father-of-four Martin O'Brien appeared before Letterkenny District Court in Co Donegal charged with a number of offences. It comes after an incident on June 24 last, when a member of the public reported a car being driven in an erratic manner in Letterkenny. Garda Sergeant Jim Collins told the court that O'Brien has 95 previous convictions and outlined the charges against the 43-year-old. The offences include public order, theft, dangerous driving and driving without insurance for which O'Brien had served some time in prison. Sgt Collins said Gardai received an anonymous call from a member of the public on the day after they saw a silver Vauxhall car being driven "all over the road" at Ballyraine in Letterkenny. The driver, a Martin O'Brien, of The Elms, Park Avenue, Gorey, Co Wexford, was arrested and brought to Letterkenny Garda Station. When in custody, Gardai discovered that O'Brien was not the owner of the car, he was not insured to drive the car and he also tested positive for alcohol. O'Brien was charged that at Lidl Carpark, Ballyraine, Letterkenny, Co Donegal a public place in the said District Court Area of Letterkenny district no 1, while being a specified person as defined in section 3 of the Road Traffic Act 2010 as amended by section 9 of the Road Traffic (No. 2) Act 2011, did drive a mechanically propelled vehicle while there was present in his body a quantity of alcohol such that, within three hours after so driving, the concentration of alcohol in his blood did exceed a concentration of 20 milligrams of alcohol per 100 millilitres of blood, to wit 124 milligrams. The charge was Contrary to section 4(2)(b) & 4(5) of the Road Traffic Act 2010. He was also charged that on the same date and location he did unlawfully use a mechanically propelled vehicle without the consent of the owner or without other lawful authority. The charge was Contrary to Section 112 of the Road Traffic Act, 1961, (as amended by Section 65 of the Road Traffic Act, 1968, and as amended by Section 18 of the Road Traffic Act, 2006). O'Brien was also charged - on the same date and place - with being the user of a mechanically propelled vehicle, such vehicle being one for which neither a vehicle insurer nor an exempted person would be liable for injury caused by the negligent use of said vehicle at that time and for which there was not then in force an approved policy of insurance as required by Part VI of the Road Traffic Act, 1961, as amended by Part VI of the Road Traffic Act, 1968. That charge was Contrary to Section 56(1) & (3) Road Traffic Act 1961 as amended by Section 18 of the Road Traffic Act, 2006. Solicitor for the accused, Mr Robert Ryan, told the court that his client had a long addiction to heroin and had been on a methadone programme when he previously came out of prison. He had turned to alcohol since but Mr Ryan said his client presented as a very different man from when he was arrested. He said O'Brien had suffered a number of tragedies in his life but was trying to get his life back on the straight and narrow. He added that on the day in question, O'Brien had little or no memory of the incidents and doesn't even know how he ended up in Co Donegal. The accused had put up his hands to the charges and now wanted to put them behind him. Judge Eiteain Cunningham sentenced O'Brien to a total of eight months in prison and also banned him from holding a driving licence for 10 years. Sign up to the Irish Mirror's Courts and Crime newsletter here and get breaking crime updates and news from the courts direct to your inbox.
Sunday World
12-07-2025
- Sunday World
Man who was nearly three times over legal limit has conviction overturned on appeal
Daniel Keelan (47) was convicted in the District Court and given a two-year driving disqualification, along with a €200 fine A man who had denied drunk driving has had his conviction overturned on appeal, after a judge found the validity of the defendant's arrest was in question. Daniel Keelan (47) with an address in Ashbourne, Co Meath, had pleaded not guilty in the District Court to drink driving in the town on August 21, 2022, contrary to section 4(4)(a) & (5) of the Road Traffic Act 2010. Mr Keelan was convicted in the District Court and given a two-year driving disqualification, along with a 200 euro fine. He launched an appeal against his conviction, which was heard at the District Court Appeals Court sitting in Trim on Wednesday. Stock image News in 90 Seconds - Saturday July 12 Garda Saoirse Horan, of Ashbourne Garda Station, told the court that she was on patrol along Frederick Street in Ashbourne at around 9.55pm when she noticed a black BMW driving at speed past the garda patrol car. Garda Horan said that she pursued the car but it failed to stop when she indicated for it to do so. She said that the car then turned into the car park of an apartment complex. She said that when she approached, she observed a male slouched in the driver's seat who refused to get out of the car. She said that the man gave her his licence at the scene, where she said she got Mr Keelan's details and address. Garda Horan said that Mr Keelan was argumentative with gardai, that there was a strong smell of alcohol coming off him and that his speech was slurred. Garda Horan said that she cautioned Mr Keelan that he was being arrested under section 4.8 of the Road Traffic Act 2010 and that she handcuffed him due to what she said was his 'initial non-compliance and aggressive demeanour'. She said that Mr Keelan was taken into custody, where a test for alcohol was carried out which she said recorded an alcohol level of 59mg per 100ml of breath. The legal limit is 22mg of alcohol per 100ml of breath. Defence counsel for Mr Keelan, Martin Dully BL, said that his client recalls that when the garda vehicle stopped at an angle, a garda member jumped out, immediately pulled open Mr Keelan's door and pulled him out of the vehicle. Mr Dully said that the first thing Mr Keelan knew about what was happening, he found himself between the garda vehicle and his own with handcuffs on, and the garda hadn't spoken to him. Garda Horan said that she did not put handcuffs on Mr Keelan without explaining the reason for his arrest. Mr Keelan also maintained that he could not have been speeding on the road, as there were roadworks and 'traffic bumps' present at the time. Mr Keelan said that the first time that his driver's licence was requested was in the garda station and not at the scene. Garda Horan said that she got the information about the defendant's home address being in Ashbourne from his driving licence at the scene of the arrest. However, Mr Dully produced Mr Keelan's driving licence in court and said it actually reads that his address is in Baldoyle, and so Garda Horan's evidence could not have been correct. Judge John Martin said that the conflicting information regarding when and where the driver's license was obtained 'casts a doubt' over which version of events is correct. He said that, as he had a slight doubt about what had happened in the car park, this put the validity of the arrest into question. Judge Martin decided in those circumstances to allow the appeal of Mr Keelan's conviction. Funded by the Courts Reporting Scheme
Irish Independent
12-07-2025
- Irish Independent
Man who was nearly three times over legal limit has drunk driving conviction overturned on appeal
A man who had denied drunk driving has had his conviction overturned on appeal, after a judge found the validity of the defendant's arrest was in question. Daniel Keelan (47) with an address in Ashbourne, Co Meath, had pleaded not guilty in the District Court to drink driving in the town on August 21, 2022, contrary to section 4(4)(a) & (5) of the Road Traffic Act 2010. Mr Keelan was convicted in the District Court and given a two-year driving disqualification, along with a 200 euro fine. He launched an appeal against his conviction, which was heard at the District Court Appeals Court sitting in Trim on Wednesday. Garda Saoirse Horan, of Ashbourne Garda Station, told the court that she was on patrol along Frederick Street in Ashbourne at around 9.55pm when she noticed a black BMW driving at speed past the garda patrol car. Garda Horan said that she pursued the car but it failed to stop when she indicated for it to do so. She said that the car then turned into the car park of an apartment complex. She said that when she approached, she observed a male slouched in the driver's seat who refused to get out of the car. She said that the man gave her his licence at the scene, where she said she got Mr Keelan's details and address. Garda Horan said that Mr Keelan was argumentative with gardai, that there was a strong smell of alcohol coming off him and that his speech was slurred. Garda Horan said that she cautioned Mr Keelan that he was being arrested under section 4.8 of the Road Traffic Act 2010 and that she handcuffed him due to what she said was his 'initial non-compliance and aggressive demeanour'. She said that Mr Keelan was taken into custody, where a test for alcohol was carried out which she said recorded an alcohol level of 59mg per 100ml of breath. The legal limit is 22mg of alcohol per 100ml of breath. Defence counsel for Mr Keelan, Martin Dully BL, said that his client recalls that when the garda vehicle stopped at an angle, a garda member jumped out, immediately pulled open Mr Keelan's door and pulled him out of the vehicle. Mr Dully said that the first thing Mr Keelan knew about what was happening, he found himself between the garda vehicle and his own with handcuffs on, and the garda hadn't spoken to him. Garda Horan said that she did not put handcuffs on Mr Keelan without explaining the reason for his arrest. Mr Keelan also maintained that he could not have been speeding on the road, as there were roadworks and 'traffic bumps' present at the time. Mr Keelan said that the first time that his driver's licence was requested was in the garda station and not at the scene. Garda Horan said that she got the information about the defendant's home address being in Ashbourne from his driving licence at the scene of the arrest. However, Mr Dully produced Mr Keelan's driving licence in court and said it actually reads that his address is in Baldoyle, and so Garda Horan's evidence could not have been correct. Judge John Martin said that the conflicting information regarding when and where the driver's license was obtained 'casts a doubt' over which version of events is correct. He said that, as he had a slight doubt about what had happened in the car park, this put the validity of the arrest into question. Judge Martin decided in those circumstances to allow the appeal of Mr Keelan's conviction.
Sunday World
05-07-2025
- Sunday World
Banned driver found asleep at wheel while almost five times over the limit
Sumod George Sam (45) was found slumped asleep in the seat, with the engine running and the keys in the ignition A banned driver, who was almost five times over the alcohol limit when he was found asleep at the wheel of his car in broad daylight with an empty vodka bottle in the passenger seat, has avoided a jail term and been disqualified from driving for five years. Garda Dylan O'Malley told Tallaght District Court that he was on mobile patrol on the Greenhills Road, Dublin 12 at around 4pm on August 9, 2023, when a man at a nearby bus stop flagged him down. The man alerted him to a white Honda Insight that was parked diagonally - half on the road and half on a hard shoulder - and appeared to be abandoned. When Garda O'Malley approached the vehicle he said he found the driver, Sumod George Sam (45), slumped asleep in the seat, with the engine running and the keys in the ignition. Stock image Today's News in 90 Seconds - July 5th An empty vodka bottle was visible in the passenger seat alongside recently purchased shopping, the court heard. The witness said the driver produced a learner permit and failed a roadside breath test. He was arrested and brought to a garda station, where the court heard that a subsequent breath analysis returned a reading of 99 micrograms of alcohol per 100ml of breath - nearly five times the legal limit of 20 micrograms for a driver on a learner permit. The court heard that Sam has a previous drink driving conviction from 2022 and was already serving a three-year disqualification, imposed in May 2024 and due to expire in February 2027. He was charged under Section 5(4)(b) and 5(5) of the Road Traffic Act 2010, for being in charge of a vehicle in a public place while exceeding the legal breath alcohol limit - namely, while having the intent to drive or attempt to drive the vehicle even though he was not actually driving at the time. Sam, with an address at Earlscourt, Terenure Road East, Dublin 6, pleaded guilty at the hearing. His defence counsel, Lauren Flanagan BL, told the court that Sam was deeply remorseful, had not come to garda attention since and had been 'partying with friends' at the time - describing the incident as an act of 'stupidity.' She said her client, a father-of-two who previously worked in IT but is currently unemployed, was willing to undertake a driver awareness course and she asked the court not to impose a custodial sentence. Judge Patricia McNamara described the level of alcohol involved as 'extremely dangerous' and said the offence warranted a significant response. She convicted Sam and imposed a five-year driving disqualification, effectively extending the existing ban by three years. She also imposed a four-month prison sentence, suspended for two years on Sam's own bond of €400, with conditions that he not drive or be in control of a vehicle and that he remain of sober habits. Sam had already surrendered his licence to Blanchardstown Garda Station. Funded by the Courts Reporting Scheme.
