Judge Paul Kelly: Said McKeown’s behaviour was a disgrace
A drink-driver who escaped prosecution because of a legal loophole has been banned from driving – after losing a second legal challenge.
Manorcunningham coalman Sean McKeown, 40, was cleared of drinking and driving in January after the DPP decided not to challenge a claim that a checkpoint set-up by Gardai was illegal.
His solicitor claimed in that case the terms of the Mandatory Alcohol Test checkpoint was illegal because it gave Gardai below the rank of Inspector various choices as to where they could set up checkpoints.
McKeown, of Abbey Park, Manorcunningham, was back in court yesterday arguing that his new arrest should also be dismissed because he was illegally handcuffed!
But this time his legal challenge failed.
Garda Paul McGee told Letterkenny District Court he followed McKeown at 2am on March 18 last year after he spotted a van being driven slowly through the village of Manorcunningham.
The van was in the middle of the road and he had to swerve his patrol car to avoid it.
McKeown then drove off at speed on the wrong side of the road and was finally detained after his van stalled.
The 40 year old driver was abusive and aggressive towards officers, Judge Paul Kelly was told.
McKeown told Gardai “Sure I am only leaving the pub with the woman and going in here. You have f*** all to be doing.”
He was taken to Letterkeny Garda station and had given a breath sample with a reading three times the drink driving limit. But he refused to give a second reading.
He had told Gda McGee: “You f****** w*****. You are getting paid too much. The Government were right to cut you.”
“I gave you two breaths. That’s all you need. I done this before.”
Judge Paul Kelly found McKeown guilty of failing to give a specimen of breath.
The court was then told McKeown had a previous conviction for the same offence in 2005 and had been banned from driving for two years.
Judge Kelly said McKeown’s behaviour was “disgraceful” adding: “Your comments to Gardai on duty were totally unwarranted.”
He banned him from driving for four years but delayed the ban for six months to allow him to sell his coal delivery business.
McKeown had walked free from court in January after admitting to Gardai he had drank nine pints of beer the night before being stopped at Manorcunningham on November 13th, 2011.
However solicitor Kieran MacLochlainn argued the arrest was illegal. The DPP did not contest his challenge and the charge was withdrawn.