Louth motorist whose car was in a ditch cleared of alleged drink driving

By Francis Carroll, The Drogheda Independent

A 39-year-old man who was charged with alleged drink driving has been cleared of any wrongdoing after the prosecution could not prove that a breath sample was taken within three hours of driving.

Frances Morgan, Irish Grange, Carlingford contested the charge which arose from an incident at Mullatee, Carlingford where his car was in a ditch in the early hours of May 22, 2024.

Dundalk Court heard that an SOS button on his vehicle activated, sending a notification for a 999 call.

Gda Keenan McGavisk testified that at 4.17am he received a call from Garda Command and Control. He arrived at the scene at 4.49am and found a car partly in a ditch, extensively damaged to the front. The airbags had deployed.

The fire service was already there, while a man was outside the vehicle. He said that he had lost control. He provided his insurance and driving licence.

Gda McGavisk said that this man, the accused, was slurring his speech. He was unsteady on his feet and there was a smell of drink from him.

There was blood on his hands and Gda McGavisk continued that he wanted him checked over. This occurred when an ambulance crew arrived at 4.57am. They said that Mr Morgan did not require hospital treatment.

The defendant was arrested and the officer said that he made no reply after caution.

At Dundalk Garda Station, Gda McGavisk said that he introduced Mr Morgan to Gda Enda Brogan at 5.55am before he began a twenty-minute period of observation ahead of taking two breath samples. These showed an over the limit reading of 89mg of alcohol per 100ml of breath.

Barrister Martin Dully, instructed by solicitor Paula Tiernan, said that there was no admissible evidence to establish the time of driving. The State was relying on “double hearsay” evidence. The garda had apparently been told by Control.

Inspector Martina Gallagher said it was not normal practice that Control is called to give evidence.

Judge Nicola Andrews said that the defendant had been lawfully arrested but no time of driving was before the court. The charge was dismissed.

The judge said that she thought Mr Morgan “might reflect on what’s happened today”.