Incorrect checkpoint name lead to dropping of drink drive charges
Thursday March 04 2010
DRINK driving charges against a North Cork man were dismissed as he was charged at a wrongly-named checkpoint. Joseph O'Malley, Lower Road, Newmarket, was charged with drunken driving on December 28, 2009, at Allens Bridge, Newmarket.
Giving evidence, Garda Dan Brennan said that at 11.45pm, Mr O'Malley approached the checkpoint. Garda Brennan observed that he was 'unsteady' on his feet and there was a smell of alcohol from his breath. At Kanturk garda station intoxilyser test results showed that he was above the legal alcohol limit. In Kanturk District Court defending solicitor, Charlie O'Connor, argued that there is not any townland known as Allens Bridge.
Judge Michael Pattwell asked Inspector Declan O'Sullivan, who authorised the checkpoint, where he believes Allens Bridge is located.
Inspector O'Sullivan said that Garda Brennan carried out a checkpoint on an area known as Allens Bridge. He added that the checkpoint was not 'physically' carried out on the bridge, but close to it.
At this point, Judge Pattwell asked, "Why would an inspector not put in the proper address at a checkpoint?"
Defending solicitor, Charlie O'Connor, argued that Garda Brennan stopped Mr O'Malley at a place that was not authorised making it an illegal checkpoint.
Inspector O'Sullivan argued that Garda Brennan conducted a checkpoint at an area known as Allens Bridge or Gurraunawarrig Lower. He added that the area is known as Allens Bridge locally. Judge Pattwell said he would have acccepted it if evidence had been given that the area is known locally as Allens Bridge.
Judge Michael Pattwell dismissed the drink driving charges.
