Louth care assistant who was travelling on both sides of the road convicted of drink driving
A 40-year-old woman has been fined €2,001 and disqualified for two years after being convicted of drink driving.
Andresa Lucio, Maple Close, Avenue Road, Dundalk, contested the charge which stemmed from an incident close to her home in the early hours of December 14, 2024.
She was accused of drink driving after being spotted by gardaí going back and forth on both sides of the road while behind the wheel of a Kia Sportage.
Ms Lucio, who has no previous convictions, provided an over the limit breath sample following her arrest, having told gardaí that she was eight weeks pregnant.
Judge Nicola Andrews rejected a defence argument about how a 20-minute period of observation was conducted before the sample was taken.
Gda Brian Donnelly testified that at 12.43am on the Avenue Road he saw a blue Kia Sportage driving back and forth on both sides of the road.
He stopped this car and when speaking to the driver got a smell of drink from her. Her eyes were glazed and speech slurred.
At 12.45am he explained to the defendant that she was being arrested for drink driving. He said that she made no reply.
Cross-examined by barrister Niall Mackin, Gda Donnelly said that he didn’t inquire about damage to the Sportage.
Ms Lucio had provided him with a learner permit and he was trying to establish if a passenger in the car had a full licence.
Sgt Hugh Jordan, who is trained on the Evidenzer machine (for taking breath samples), said that he started the 20-minute period of observation at Dundalk Garda Station at 1.03am.
The accused said that she was eight weeks pregnant and that she needed to use the bathroom.
Sgt Jordan continued that he explained he would have to recommence the observation upon her return.
The court heard that Gda Ciara McMahon brought the woman to the bathroom before the observation started again at 1.13am, ending at 1.33am.
An over the limit sample of 64mg of alcohol per 100ml of breath was provided.
Mr Mackin had an issue with where and when the observation period was conducted, remarking that Gda Donnelly’s evidence seemed to contradict Sgt Jordan’s as they said the custody area and doctor’s room respectively.
Garda Inspector Martina Gallagher said that the sergeant gave detailed times of the observation, addind that the cutody area and doctor’s room are beside each other.
Judge Andrews said she was satisfied the evidence regarding the observation period was in order.
Mr Mackin submitted that his client was a care assistant, responsible for transporting patients. She may lose her employment.
A €2,001 fine and two-year disqualification were imposed.
Bail to appeal was set at a personal bond of €100 with €100 cash lodged.