Man verbally abused gardaí before refusing breath sample, court hears
The Wicklow PeopleA man who verbally abused gardaí before refusing to give a breath specimen when arrested has been fined
Jason McGothigan (45), with an address at Church Place, Sallynoggin, Co. Dublin, appeared for a hearing at a sitting of Bray District Court.
The defendant entered a plea of not guilty to one count of failing to provide a breath specimen and a further charge of refusing a specimen while under arrest.
The court heard that Sorcha Dianamh Ní Néill Fulham BL was not fully instructed in the matter.
Judge David Kennedy refused Ms Fulham’s application for an adjournment, as Mr McGothigan had taken multiple warrants in relation to the matter.
Garda Darragh Keogh testified that on January 29, 2023, gardaí received reports of a male in Roundwood fitting the description given, in a Ford Transit van, lying across the seats.
In evidence, Gda Keogh alleged that the defendant was extremely intoxicated, telling the court that Mr McGothigan proceeded to call gardaí “culshie c**nts and assholes”.
Mr McGothigan was removed from his vehicle and arrested before being conveyed to Wicklow Town Garda Station.
Gda Keogh told the court that during interview the defendant told him: “F**k you, you must love your job.”
The court heard that Gda Keogh asked the accused to provide a breath sample, which he allegedly refused. Gda Keogh informed him that refusing a sample carries a maximum fine of €5,000 or six months’ imprisonment.
However, Mr McGothigan claims he was not drink driving, saying: “I’m not giving a sample. I’m going in there.”
Ms Fulham BL stated that it was a cold January night and her client had been drinking in a pub near to where he was parked in the van.
On the night, Mr McGothigan allegedly got into a fight with his girlfriend and left the pub after last orders, before going to sleep in his van, with the defence noting he was found using his jacket as a pillow.
Mr McGothigan’s road documents were up to date, with counsel arguing that he became agitated due to gardaí forcibly removing him from his vehicle and allegedly using excessive force.
Judge Kennedy denied counsel’s application and fined the accused €2,500 for refusing to provide a breath sample, giving him 10 months to pay. The other charge was struck out.