CHARITY WORKER BANNED FROM DRIVING AFTER JUDGE RULES HER DETENTION WAS LAWFUL

first_imgA CHARITY worker caught drinking and driving has lost a bid to have her conviction overturned on claims gardai had broken the law.Catherine Peoples, 44, from Drumkeen, was convicted at the District Court in Letterkenny and banned from driving for two years.However she appealed the conviction to District Court Appeals which are heard at the Circuit Court. Her solicitor Ciaran McLaughlin argued before Judge John O’Hagan that the breaking down of a breathalyser machine forced gardai to get a blood sample instead – but that gardai had failed to explain this to Peoples.The court heard that gardai on patrol between Drumkeen and Convoy at just after 12.05am on April 3, 2011, saw Peoples take a turn off the road without indicating.They followed the car and Peoples was breathalysed. She failed the roadside test and was taken to Letterkenny Garda Station under arrest.Once there Garda Charlene Anderson said she observed Peoples for 20 minutes before carrying out a test on the intoxyliser machine at the station.However this machine broke down and Garda Shane Lavelle took a decision to ask for a doctor to attend the station to take a blood sample.Mr McLaughlin said Peoples should have been told that her detention was being extended to facilitate this third test. He said the failure of gardai to tell  his client this was unlawful and the conviction should be overturned.However Judge O’Hagan said there was nothing in the drink-driving legislation which demanded this.The judge also said that anyone detained by gardai for a test could be asked to take whatever tests where necessary at a garda station – including breath, urine or blood.He confirmed the two year drive ban, fined Peoples €150, but delayed the implementation of the ban for six months.Mr McLaughlin said his client had dinner earlier on the evening of the offence and  had a couple of glass of wine. She had only left home to collect a teenage son who didn’t have a lift home from a disco.CHARITY WORKER BANNED FROM DRIVING AFTER JUDGE RULES HER DETENTION WAS LAWFUL was last modified: February 11th, 2015 by John2Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more