Court rules that apartment parking space is a public place as Louth motorist convicted of ‘drunk in charge’ offence
A 40-year-old businesswoman has been fined €1,500 and disqualified from driving for four years for being drunk in charge of a car last year.
Rochelle McNicholl, Donore, Earlsfort, Blackrock, Dundalk, who has no previous convictions, contested the charge, arguing that it was not a public place where gardaí encountered her in a parking space close to her home.
Gda Aidan Moran testified that on November 27, 2025, following a report he saw a Ford Kuga parked at the rear of an apartment block in Earlsfort.
He approached the sole occupant who was in the driver’s seat. The car’s ignition was on, and the woman behind the wheel appeared to be on her phone which was charging in the centre console.
The defendant lowered the window and spoke to him. She denied driving while intoxicated before being cautioned.
Gda Moran continued that Ms McNicholl said that she understood. She said that she “did not drive drunk”. She had returned home a few minutes earlier, went into her house and had a drink, and didn’t drive after it.
The witness said that there was an unopened bottle of wine in her handbag. The accused’s speech was slurred, her eyes glassy and there was a smell of alcohol from her breath.
At 3.45pm he formed his opinion (that an offence had been committed) and arrested Rochelle McNicholl for drink-driving.
The court heard that a subsequent breath analysis gave an over the limit reading of 128mg of alcohol per 100ml of breath.
Gda Moran added that the drink-driving charge was withdrawn, and replaced by a charge under Section 5 of the Act.
Cross-examined by barrister Eoghan Fagan, he said that the car was in one of six lined but unnumbered parking spaces. They were off the road and some 20ft from where Ms McNicholl lived.
She told him that she didn’t intend to drive.
Mr Fagan submitted that an offence occurred in a public place was of particular importance in a Section 5 case and must be proven by the State.
The evidence was quite clear where the car was, in an allocated spot for this address. It couldn’t be considered to be a public place.
He continued that it must also be proved that the accused had an intention to drive. On foot of the garda making that enquiry, she was clear that she did not intend to drive.
Garda Inspector Gerard Collins responded that any member of the public could drive around the back of the apartments and park. There was no barrier nor anything to say it was private property.
Quoting case law, he said that a car park used habitually but not technically a car park was deemed to be a public place.
Judge Nicola Andrews said that there were six unnumbered car parking spaces. She was satisfied it was a public place.
The defence did not call evidence in respect of their being no intention to drive.
Mr Fagan said that his client has one daughter and is a sucessful businesswoman “inside and outside the State”.
Bail to appeal was set at a personal bond of €1,500 with €1,500 lodged.