Court rejects argument that Garda had no grounds to stop Louth driver
The Drogheda IndependentA man who was followed by Gardaí because of a no insurance alert which turned out to be incorrect has been convicted of drink driving.
Shane McGahon (53), Rathescar, Dunleer, who has no previous convictions, contested the charge which arose after he was stopped in Park Avenue, Dundalk, earlier this year.
The arresting officer testified that there was no issue with the man’s driving but when he stopped out of his vehicle the Garda got a smell of drink from him.
At the end of the prosecution evidence, defence counsel argued if there were no grounds in the first instance to stop the accused then everything which followed could not be accepted by the court.
However, Judge Nicola Andrews decided that there was a case to answer. Mr McGahon did not give evidence.
Gda Micheal Keown said that at 2.40pm on February 12 last he was parked in a patrol car on the Ardee Road, Dundalk, when a Toyota Land Cruiser went past. An ANPR alert said that it had no insurance.
He followed this vehicle towards the town centre. There was nothing erratic in the driving.
Gda Keown said he signalled the Land Cruiser to stop at 2.42pm and it pulled into Park Avenue and stopped.
Mr McGahon showed his driving licence. He said that he believed he was insured.
He was very well behaved, the officer said.
There was no insurance disc displayed and the officer said that he deduced from his mobility device that there was no insurance.
When the driver stepped out he got a smell of drink from him. A roadside breath test produced a ‘fail’ result.
The defendant subsequently provided two specimens of his breath which gave an over the limit reading of 98mg of alcohol per 100ml of breath.
Gda Keown told barrister Paula Butterly that there is no printout of an ANPR alert. It stays on the screen until removed.
Asked why he impounded the vehicle, the witness replied there was no evidence to support it being insured.
He accepted that the Land Cruiser was insured. He had subsequently seen an insurance certificate.
Ms Butterly put it to the officer that he had no reasonable grounds to stop Mr McGahon. It was an unlawful stop. The ANPR alert was incorrect.
Gda Keown said the ANPR alert was the reason he was drawn to the vehicle.
Ms Butterly continued the Land Cruiser was insured. The alert couldn’t have been correct in the first place.
The officer said an alert appeared on the screen and his mobility advice also said that there was no insurance. The defendant provided no evidence at the scene that there was insurance.
Counsel submitted that at no stage was her client obstructive. He was driving “perfectly well”.
It turned out that the alert was incorrect. There were no reasonable grounds to stop, so every other event couldn’t be accepted.
Garda Inspector Martina Gallagher said that Gardaí have a Common Law power to stop any vehicle.
The officer was entitled to do what he did when he got a smell of alcohol.
Judge Andrews said that the officer was entitled to follow the vehicle and make a demand for insurance. No disc was displayed.
The court was not concerned with the validity of the vehicle’s confiscation.
The Garda formed his opinion after speaking to the accused and gave him the appropriate warnings.
Ms Butterly said that Mr McGahon was self-employed in the construction sector, employing 9 other people.
His work took him across the country.
Judge Andrews fined him €1,000 and imposed a three-year disqualification.
Bail to appeal was set at a personal bond of €500 with €500 cash lodged.