Drink driver cleared due to lack of evidence

A CASTLETOWN man who caused a traffic collision while drunk had his case struck out at last week’s district court due to a lack of garda evidence.

Garry Ryan, of Newtown, Castletown, was involved in a collision at Derrin Cross, Borris-in-Ossory, on March 2 this year.

Garda Donal Bigley gave evidence that when he arrived at the scene of the collision he noticed a car parked by the side of the road with extensive damage, and another car in the middle of the road also extensively damaged. The garda spoke to two women who were present and then he spoke to Ryan. Garda Bigley said he noticed a strong smell of alcohol on Ryan’s breath and Ryan admitted to the garda that he had been driving.

Garda Bigley said he cautioned Ryan and performed a breathalyser test, which indicated a failed reading. Garda Bigley said he explained to Ryan he was being arrested and he brought him to the garda station, where an intoxilyser test returned a reading of 90mg of alcohol per 100ml of breath.

After hearing the garda’s evidence, defence for Ryan made a submission to Judge Catherine Staines that no evidence had been given of Ryan being arrested, cautioned and charged.

The judge said the relevant evidence had not been given and struck out the charge against Ryan.