A SKIBBEREEN motorist convicted of dangerous driving and drink driving in Allihies last year is set to appeal his convictions.

Max Mumford of Leighcloon, Skibbereen  contested both charges at Bantry District Court.

The accused had, according to Insp Derek Mulcahy, been involved in a road traffic collision at Cahermore in Allihies on June 2nd last.

Marc Jeisy, whose van was struck by the accused’s Volvo and written off, gave evidence that he left Castletownbere at 5pm and was heading home to Garnish.

‘At about half-way, near The Pump House Cross at Cahermore, where there is a left bend going into a right bend, another vehicle came towards me on my side of the road,’ he said.

Because both of their vehicles were blocking the road, and there were bends on both sides, the drivers reversed, leaving the thoroughfare clear.

Mr Jeisy said the driver apologised and offered him €500 for the damage, but he said it wouldn’t have covered the cost of repair.

He said the insurance company later informed him that the cost of repairing his 2015 van was more than the vehicle was worth, so it was a write-off.

At the scene Marc Jeisy contacted a retired garda sergeant who rang the station’s mobile number and alerted his former colleagues.

Sgt Stephen O’Sullivan arrived on the scene and administered a breath test to both. The witness passed the test, but the accused whose speech was slurred and who was unsteady on his feet, didn’t.

The accused was cautioned and arrested and driven to Bantry Garda Station. When questioned by the accused’s solicitor Pat Horan, Sgt O’Sullivan said the accused seemed agitated but he was not aggressive in any way.

Mr Horan submitted that his client was, at all times, co-operative, but suffers from social anxiety, which accounted for him being, as gardaí described, ‘jittery’ and ‘fidgety’.

It was during the cross-examination of Gda Mark O’Donovan, the officer in charge, at Bantry Garda Station, that Mr Horan submitted that the integrity of the garda test was at issue.

Mr Horan said the test requires ‘nil by mouth’ but there was also an aural requirement because a burp, a belch, or any kind of regurgitation, could draw alcohol from the stomach into the mouth.

It was established that the accused was in full view of the garda at all times, but a conversation with his solicitor was out of earshot. 

Mr Horan submitted to Judge Joanne Carroll that his client was, when chatting with his solicitor, positioned 18ft away from the garda in charge of observation and ‘he may have burped within that period.’

However, Judge Carroll referred to the notes she took of the garda’s evidence saying: ‘He had the accused in view at all times and didn’t see him burp, so the test was lawful.’

Judge Carroll convicted him of drink driving and disqualified him from driving for two years and fined him €500 giving him four months to pay the fine.

She also convicted him of dangerous driving and imposed a mandatory two-year disqualification but did not impose any monetary penalty.

Recognisances were fixed to appeal both sentences.

Funded by the Courts Reporting Service.