Driving ban for Department of Education inspector whose Porsche was ‘weaving’ on rural road

By Francis Carroll, The Drogheda Independent

A Department of Education inspector has been fined and disqualified after being convicted of two dangerous driving charges.

Eugene Begley (55), Mull Park, Portglenone, Co. Antrim, was also handed suspended sentences.

He contested the charges which arose after Gardaí followed his Porsche Boxster as it travelled between Dunleer and Clogherhead in Co. Louth earlier this year.

The defendant also denied a third charge of drink driving. It was dismissed by Drogheda Court.

Gda John Reilly, Dunleer Garda Station, testified that he was observer in a marked patrol car on the way to deal with an unrelated alarm activation in Clogherhead on April 12 last after a call at 11.30pm.

While travelling on the R166 he saw a white Porsche Boxster which appeared to be meandering on the narrow road. It went to the right hand side before returning to the left.

In the townland of Reynoldstown the car travelled on the wrong side of the road taking a bend, while on another occasion it went onto the side of the road, causing muck to spray out.

Approaching Clogherhead the lights and sirens were activated on the Garda vehicle. The other driver didn’t stop immediately. He pulled in outside Roberto’s Takeaway & Diner in the village.

Gda Reilly continued that he got out. The lone occupant of the other car let down his window.

The defendant said that he had an argument with his fiance. His speech was slurred.

He was immediately cautioned and told the officer that he hadn’t anything to drink, repeating that he had an argument with his fiance and went for a drive. Mr Begley asked what he had done.

Gda Reilly said his colleague carried out a Drager roadside test which showed a “fail”.

It was put to the witness by barrister Eoghan Fagan that the car registration no. was MFZ 9912 but on three occasions in the Garda’s statement it was MF2 9912.

Gda Reilly said his writing in his notebook was “quite bad”. He had been writing in the dark.

Gda Eugene Mulligan was driving the Garda vehicle. He said that he saw the Boxster weaving on the road and at a junction in Reynoldstown it was on the wrong side and there would have been a head-on collision had traffic approached.

This car went up on the verge at Glebe East.

Gda Mulligan continued that he didn’t think it was safe to stop the Boxster until later.

Under cross-examination the witness said that it was a mistake that MF2 9912 appeared in his statement. He had looked at Gda Reilly’s notebook.

He later checked that the car registration was MFZ 9912 by driving past Mr Begley’s house in Clogherhead.

It was a “silly mistake” that he had the defendant’s date of birth as June 4, 1970, rather than June 2.

Gda James Cribbin conducted an Evidenzer test at Drogheda Garda Station and said that on two occasions he had to recommence the 20-minute period of observation to ensure nil by mouth as Mr Begley had touched his mouth.

At 1.10am on April 13, the machine printed two Section 13 statements which showed an over the limit reading of 90mg of alcohol per 100ml of breath.

Mr Fagan made submissions on what he said were inconsistencies in the evidence regarding the registration of his client’s car and his date of birth.

Gda Reilly gave the latter as June 2, 1970, Gda Mulligan June 4, while it was June 7 in the Section 13 statement.

Counsel continued that there was no evidence as to whether Gda Mulligan set the Drager device to "non-specified” or “specified” driver, leaving a lacuna in the evidence.

Garda Inspector Kevin Toner accepted that there was no direct evidence of that, but quoted case law which stated that there was no need to specify.

He said the the correct car registration was given in direct evidence and that Gda Mulligan identified the driver in court.

Judge Nicola Andrews said that she had concerns about the date of birth and the use of the Drager and the evidence given in that regard.

The court was not concerned about the registration plate. The correct number was in the charge.

A charge of drink driving at Main Street, Clogherhead was dismissed, while Eugene Begley was convicted of dangerous driving at Reynoldstown and at Glebe East, Clogherhead.

Mr Fagan said that the defendant was an inspector for the Department of Education who required his licence. The loss of it will present a significant difficulty.

For each of the two dangerous driving charges a €1,500 fine and two-year disqualification were imposed, along with consecutive three-month sentences, suspended for 12 months.

Bail to appeal was set at a personal bond of €500 with €500 cash lodged.