A DRIVER who was more than four times over the drink driving limit failed in his bid to get the case thrown out of a Limerick court.
A legal representative for Evan Dore, who was stopped by Gardaí in March of this year while driving his car at Cullina, Newcastle West, told Judge Carol Anne Coolican in Newcastle West District Court that he was applying to have the case dismissed on the grounds that his client had been unlawfully detained.
The court heard Garda evidence that Mr Dore, of 11 Castlepark, Killarney, was observed by a Garda in a patrol car “moving out of the line of traffic towards the white line and then swerving back into traffic”.
The Garda signaled for him to pull over and said that when she spoke to the driver he was “slouched” and there was a “strong smell of alcohol. His eyes were glazed”.
She told the court she “formed an opinion” when speaking to him that Mr Dore had been drinking and called for back-up.
Mr Dore was arrested and taken to Newcastle West Garda Station where he was tested using the breath machine.
The result was that he had 94 micrograms of alcohol per 100 millilitres of breath. The legal limit is 22 micrograms.
His solicitor argued that the Mr Dore had pulled out towards the white line, but did not cross it “so he did not do anything illegal”, meaning he should not be liable under the dangerous driving charge against him.
This, the solicitor said, meant that Mr Dore had been stopped by the Garda without good cause and, therefore, detained without reason.
It followed, he said, that any evidence after that was redundant as Mr Dore’s detention by the Garda was not legal.
Judge Coolican struck out the dangerous driving charge having heard the arguments, but found Mr Dore guilty on the drink driving charge.
She banned him from driving for three years and fined him €700.
