Sligo mother of one disqualified from driving for two years after drink driving in Ballymote
The Sligo ChampionA 36-year-old mother of one has been disqualified from driving for two years after drink driving in Ballymote.
Michelle Scanlon of Carrowcrory, Ballinafad, was charged with drink driving with a level of 63mg of alcohol per 100ml of breath at Keash Road, Ballymote on November 6, 2023. The defendant contested the charge.
Sergeant David Keane told the court that he was on mobile patrol at 1:15am on the Castlebaldwin Road, when he observed a woman driving in the opposite direction at speed. He added that he turned his patrol car around and observed the car turning left onto O’Connell St without indicating. Sgt Keane observed the vehicle turning left at the Keash Road and park up. After turning his patrol car, he observed the vehicle turning right into Hillview Drive.
Sgt Keane activated his patrol car’s lights and the vehicle pulled in suddenly. He observed Scanlon getting out of the driver’s side door and being unsteady on her feet. At 1:30am, Scanlon was arrested for drink driving and brought to Ballymote Garda Station.
After being observed for a 20 minute period in which she did not eat, smoke or drink, the defendant provided two specimens of breath into the intoxilyzer machine at 2:06am and 2:11am.
The two specimens of breath gave a reading of 63mg of alcohol per 100ml of breath.
Inspector Ray Tubman asked Sgt Keane to describe the place where the defendant stopped suddenly. Sgt Keane replied that it was a built up area with street lighting. He added that Scanlon stopped in a sudden manner.
Mr John Anderson, solicitor (defending), then cross-examined Sgt Keane.
Mr Anderson asked Sgt Keane if it was dark when he stopped Scanlon. Sgt Keane replied that it was night time but that the area was lit up by street lights.
Mr Anderson asked Sgt Keane if there was any other occupants in Scanlon’s car. Sgt Keane replied that there were two men in the car, one in the front passenger seat and one in the rear seat.
Sgt Keane was then asked by Mr Anderson why he stopped Scanlon’s car. Sgt Keane replied that he observed the car driving at speed, and that it turned into O’Connell St, Ballymote without indicating.
Mr Anderson asked Sgt Keane if he would accept that it would be difficult to see who was driving on the Castlebaldwin road. Sgt Keane replied that he saw a woman driving the car.
Judge Éiteáin Cunningham said that Sgt Keane gave that in his direct evidence.
Mr Anderson told Sgt Keane that he did say that he saw the vehicle at 1:15am. Sgt Keane replied that it was in Ballymote, in a built up area and with street lighting.
Mr Anderson asked how could Sgt Keane see the car not indicating if he had to turn his patrol car around. Sgt Keane replied that he was an advanced driver with An Garda Síochana and that he did observe Scanlon turning left without indicating.
Mr Anderson asked Sgt Keane if it was possible that another driver got into the car when it was first parked up. Sgt Keane replied that the same woman he saw driving the car at speed, was the same woman he saw getting out of the car. He added that the Scanlon gave her name and address when he spoke to her.
Mr Anderson said that his client did not say that she was the assigned driver of the vehicle when she was spoken to by Sgt Keane. Sgt Keane replied that he saw Scanlon get out of the driver side of the vehicle when the car suddenly stopped.
In his closing argument to Judge Cunningham, Mr Anderson said that the State did not meet the threshold for stopping his client’s car. He added that Sgt Keane gave evidence that there were three occupants in the car.
Inspector Tubman said that Scanlon was observed exiting the car on the driver’s door of the vehicle. He added that Sgt Keane observed Scanlon driving up to when she stopped.
Judge Cunningham told Mr Anderson that she is satisfied that his client had a case to answer. She noted that Sgt Keane gave in his direct evidence that he observed a woman driving the car passing him at speed, in a built up lighted area and that he saw Scanlon get out of the car on the driver’s side.
Mr Anderson said that his client did not wish to go into the witness box. Judge Cunningham found the facts proven and the court heard that Scanlon had no previous convictions.
Mr Anderson said that the loss of Scanlon’s licence would be absolutely immense for her. He added that she was the single mother of one and asked Judge Cunningham to not take into account that Scanlon contested the charge in her sentence.
Judge Cunningham fined Scanlon €500 and disqualified her from driving for two years.
- Article funded by the Courts Reporting Scheme.