Drunk driver disqualified after being detected in Portlaoise

A driving ban was handed down to a prison officer who was convicted of drunk driving in Portlaoise. 

David Hyland(40) with an address off the Mountmellick Road in Portaloise was stopped while driving a 192D registered van at a checkpoint on the N80 at Clonreher, Portlaoise on October 28, 2024. 

Garda Sergeant Mick O’Connell said he stopped the van at 12.11am on the night in question at an MIT checkpoint. He said the defendant failed the roadside breath test and when informed that he was being arrested on suspicion of drunk driving, the defendant who was in the van with another man replied, “we are prison officers.” 

Sgt O’Connell said the defendant was taken to Portlaoise Garda Station where he was observed for 20 minutes before he provided two samples of breath. The alcohol reading was recorded at 78mgs per 100mls of breath.

David Staunton BL said Sgt O’Connell had indicated that it was mandatory to check vehicles at the Mandatory Intoxicant Testing(MIT) checkpoint.  

“If he is labouring under the view that he has to do it he is fettering his own discretion,” argued Mr Staunton. He said if this wasn’t the case his client may well have been waved through the checkpoint. 

Garda Sergeant JJ Kirby said his colleague would be putting himself through a lot of work if he decided to test everyone who approached a checkpoint. 

Judge Susan Fay said she was satisfied to convict the defendant and she asked Mr Staunton to tell her about the man who the court was told had no previous convictions.

Mr Staunton said his client was separated and worked as a prison officer. “This is unlikely to impact on his employment position but it won’t help,” he said. 

Mr Staunton said there was no application for a postponement but he did ask for recognisance to be fixed in case of appeal. 

Judge Susan Fay fixed recognisance, disqualified the man from driving for three years and imposed a fine of €500 at the sitting of Portlaoise District Court.