Drink driver collided with two parked cars on residential street in Louth
The Drogheda IndependentA motorist who contested a drink driving charge on the grounds that he had been unnecessarily handcuffed at the scene has been convicted of the offence.
Seán O’Malley (32), Falmore, Kilcurry, Dundalk, was fined €500 and disqualified from driving for three years following an incident which occurred in the early hours of the morning when he collided with two parked cars.
The district court heard that the defendant, who has no previous convictions, was seen getting out of a van by one of the car owners who had been awoken by the sound of the impact.
This man testified that at around 3.15am on November 4, 2024, he heard a loud bang.
He looked out the first floor bedroom window of his Park Drive, Dundalk home, and saw that a van collided with his Volkswagen Golf and his partner’s Mini Cooper.
He said to her to phone the guards as he got dressed and went downstairs.
As he walked up to the van a man got out of the driver’s seat. He said this person said that he was drunk and that he hit the two cars.
The defendant added that he wanted to get the two cars taken away and fixed, and said not to get the guards involved and keep insurance companies out of it.
The witness continued that he was compensated. Mr O’Malley was insured.
The owner of the Mini Cooper gave evidence that she heard the van engine revving and opened a window and tried to shout out to her partner.
She phoned gardaí at 3.20am and made her way downstairs. She was still on the phone when she saw the accused get out of the van.
The damage to her car had been paid for but it is still sitting idle. She said she had to flag this court case to her insurance company and they were “hiking the premium up”. She hasn’t been able to get insurance on the car since.
Det Gda Shane Murphy said that at 3.28am he responded to a report of a road traffic collision at Park Drive, Dundalk.
A Peugeot Partner van was stationary on the road and appeared to have collided with two parked cars.
The defendant was standing on the kerb, and when he spoke to him got a smell of alcohol. This man was slurring his words and unsteady on his feet. His responses were slow. There was a curry stain on his shirt.
Det Gda Murphy said that he formed his opinion (that an offence had been committed) and at 3.31am at Park Drive arrested Seán O’Malley on suspicion of drink driving.
As the accused was not known to him, appeared intoxicated and might attempt to flee, the officer said that he applied handcuffs for his, the defendant’s and other people’s safety.
The driver subsequently provided an over the limit sample of 99mg of alcohol per 100ml of breath.
It was put to Det Gda Murphy by barrister Ben O’Connor that a worry over an attempt to flee was neither in his statement nor notebook.
The witness replied that he had that concern at the time.
He said that Mr O’Malley appeared intoxicated and was staggering. He showed him that he had the van keys in his pocket. He didn’t become aggressive. He was “grand”.
Mr O’Connor applied for a dismissal on the use of handcuffs and quoted case law.
He said his client had remained on the side of the road and was compliant. There was no reason to apply handcuffs.
Garda Inspector Martina Gallagher also referred to case law to support her view that handcuffs are sometimes necessary for garda and other persons’ safety.
Det Gda Murphy had given evidence of his reasons for using handcuffs.
Judge Nicola Andrews said that the use of handcuffs in this instance was proportionate and necessary.
The court heard that he is single and a self-employed building surveyor and farmer, employing others, and earning €500 per week.
A fine and disqualification were imposed as outlined.