A UNIVERSITY of Limerick student found asleep in his “badly parked” car by gardai, has been banned from driving after a breath sample registered over twice the legal limit at the time.
Patrick O’Connell, aged 24, originally from county Leitrim, but with an address at Briarfield, Castletroy, was found asleep in his car a short distance from the Kilmurry Lodge hotel and his home at 1.50am on October 13, 2010.
Evidence was given that the accused was in the driver’s seat with his seat belt and ignition on.
The car was in a stationary position, “blocking one lane of traffic,” and “obscurely parked” according to the State’s evidence.
He was roused by gardai.
O’Connell, it was stated, responded with slurred speech, had bloodshot eyes and was deemed incapable of being in charge of a vehicle. He had to be held up and was unsteady on his feet,
He was arrested under the suspicion of drink driving, and conveyed to Henry Street garda station where he provided a breath sample that registered 86/100.
O’Connell was formerly charged with the offence in the early hours of the morning and released on his own bail bond.
Chris Lynch, solicitor, contested the case as his client had a different account of events.
He put it to the garda that his client was sitting in the car and was not driving, nor had he been driving late that night.
The State admitted, under cross examination, that the garda statement did not say that the engine was running, despite them giving such evidence from the witness box during the case.
Mr Lynch challenged this aspect and queried if gardai did any of the normal routine checks like assessing if the engine was warm or if the car had been driven.
The court heard that there was no evidence of these checks being carried out, or that the engine was running at the time gardai arrived.
It was said that O’Connell was out with friends on the night and had parked near the Kilmurry Lodge Hotel, in an area adjacent to a graveyard.
O’Connell said that he knew of cars to be regularly parked there and did so on the night in question, because he was told that cars had been damaged in the hotel car park before.
It was contested that O’Connell, who had been lodging at a house in Briarfield, felt ill on walking home after a night of drinking with friends and sat into his car earlier that night.
He said that he felt sick and put the window down and then fell asleep.
O’Connell, in his direct evidence, said that he had no intention of driving home as his house was only minutes away.
He “just sat in there to gather his senses,” as he felt so unwell after “over indulging”.
Under cross examination, Mr O’Connell admitted that he was a driver of eight years and he drove to the bar despite living only minutes away, but denied that his car was blocking the road.
He said he sat into the car as he didn’t want to be a “nuisance on the road”.
He added: “I was sick, I sat in and passed out, and I had no intention of driving home”.
Mr Lynch closed his evidence and said that his client was emigrating within the month.
However, Judge Eamon O’Brien was satisfied with the evidence of the State and convicted the student, disqualifying him from driving for a period of three years. He also fined him €50, ordering that it be paid within three months or if found to be in default, serve seven days in prison.
Recognisance to appeal the conviction was set at €100.
