Drunk driver who told gardai he “pulled in for a rest” was validly arrested, appeal court finds

A man convicted in Sligo District Court of being in charge of an intoxicated vehicle has lost his appeal against the validity of his arrest. The Court of Appeal upheld the conviction on a case stated basis following a February 2011 incident in the Ballydrehid area where Garda Andrea McGovern discovered him asleep in a parked car with the engine running. When questioned, he stated he had been drinking throughout the day and pulled in to rest while returning from a christening. The defence argued the arresting garda had failed to establish intent to drive, a requirement under section 50 of the Road Traffic Act. Mr Justice John Edwards, delivering judgment, held that the driver's statement about pulling in for rest implied resumption of driving once rested. The court found the arrest lawful and valid. Justices George Birmingham and Garrett Sheehan concurred with the decision.