Louth farmer drove pick-up truck onto ditch to avoid hitting garda patrol car
The Drogheda IndependentA 69-year old man has been unsuccessful in an appeal against a conviction for drink driving.
James Coleman, Stormanstown, Ardee, was fined €3,500 and disqualified for two years in the district court for an offence which occurred at Edmondstown, Ardee, last year.
At the conclusion of a hearing in Dundalk Circuit Court, Judge Dara Hayes imposed a three-month suspended sentence in lieu of the fine. The two-year disqualification remains.
Evidence was given that the appellant, a bachelor farmer, drove a pick-up truck onto a ditch to avoid gardaí who spotted him emerge from the grounds of a pub in the early hours of the morning.
When stopped he asked the arresting officer had she nothing better to do. He also threatened her that if she was “to do her job correctly” she would contact a certain garda.
Gda Orna Gilroy testified that on February 11, 2024, she was on mobile patrol accompanied by Gda Kevin Kelly who was driving.
Around 3.18am at Reaghstown, Ardee, she saw a Toyota pick-up truck leave the grounds of “Danny Boy’s” licensed premises.
This vehicle was facing towards them and mounted the ditch on the passenger side to avoid the patrol car. There were no lines in the centre of the road. It could facilitate two cars passing.
The pick-up continued towards the N2. They turned to follow it.
It failed to stop at a ‘Stop’ sign before crossing the main road where another vehicle “took extreme action” to prevent a collision.
The pick-up went onto the N2 and onto another local road at a staggered crossroads. The driver was “very reluctant” to pull over. He did so a few seconds after the blue lights were activated.
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Gda Gilroy said that the patrol car was in front at this stage, having used the wider entrance at Dooley’s Pub, Edmondstown, to overtake.
She got out. Mr Coleman lowered his window. While talking to him the officer said that she got a smell of drink. The man’s speech was slurred and his eyes glazed. He co-operated, giving his name and address.
Gda Gilroy continued that she formed her opinion (that an offence had been committed) and arrested James Coleman at 3.25am.
After caution, he replied, “Have you nothing better to be doing?”
Under cross-examination the witness said that she did not wait in the patrol car. Her colleague did not deal with Mr Coleman.
His driving behaviour led them to believe he was not going to stop. There was a safe spot to pull over at the entrance to Dooley’s. He drove on.
The appellant had been driving slowly initially. He increased his speed after the blue lights were activated.
Gda Gilroy said the man “continued to make threats”.
He told her that if she was “to do her job correctly” she would contact a certain garda.
The court heard that Mr Coleman subsequently gave a sample which showed an over the limit reading of 60mg of alcohol per 100ml of breath.
Judge Hayes rejected a defence submission that a Section 13 statement (of the reading) was not exhibited in evidence.
The appellant did not give evidence.
He has an old 2000 conviction for driving without reasonable consideration.
Judge Hayes upheld the district court conviction, remarking that his one concern was the comment elicited after being stopped which was “an attempt to influence the garda not to properly carry out her duties.
“She discreetly didn’t say who was mentioned.”
It was stated by counsel that Mr Coleman was a bachelor farmer who helped out in the local parish.
A very large fine had been imposed after the case was fought in the district court.
The judge said the appellant had narrowly avoided a collision with the garda car. It was inevitable that he was going to be stopped.
A reading of 60 breath was a considerable amount, “well above the appropriate limit”.
He was generally co-operative at the stop and when the Evidenzer machine (to take breath samples) was being used.
It was a serious matter to influence a member of the Gardaí in that way when he was caught red-handed.
An order was made as outlined. The start of the two-year disqualification was postponed until December 1 next.