Portlaoise public intoxication case dismissed

A man who was arrested on suspicion of being intoxicated in Portlaoise has had the case against him dismissed. 

Joe Collins, 47, of 4  Meehan House, JFL Avenue, Portlaoise was arrested on the Dublin Road in Portlaoise on August 22, 2020. 

Garda Ryan Price said he saw the man “swaying on the footpath from side to side” on the date in question. Garda Price said he arrested the defendant out of concern for his welfare at 11pm. 

A fixed charge penalty notice was later issued but never paid, he told the sitting of Portlaoise District Court. 

Garda Price said the footpath was narrow and the defendant’s behaviour was causing traffic to slow down.

“I arrested him in case he fell in front of traffic,” explained Garda Price. 

Solicitor Philip Moran said his client had told him the incident had occurred during the Covid lockdown. He said his client instructed him that he was on his way to get a takeaway pizza. 

“He states that you asked him why he was out and where was he going?” said Mr Meagher. The man responded by asking why the question was being put to him. 

“Perhaps you thought he was being a little cheeky?” Mr Meagher suggested. 

Denying this, Garda Price said “no Judge, that wouldn’t be true.”

Mr Meagher said his client offered to take a breathalyser at the Garda station. 

When asked if he recalled this, Garda Price said “if he stated that in the custody area I would have noted it.”

Mr Meagher said the man had been arrested for being intoxicated to such an extent he was a danger to others or himself and yet there was no evidence of slurred speech or a smell of alcohol. 

Judge Andrew Cody agreed that there wasn’t enough evidence of intoxication. He dismissed the case.