A 76-year-old pensioner told Gardai he would shoot whoever told them he had been drinking after he was arrested on suspicion of drink-driving.
James Duffy appeared at Falcarragh District Court after he was stopped at Kilcarragh, Dunfanaghy on November 8th, 2022, driving a red Mercedes.
The court heard that Duffy told the arresting Garda Sergeant Vincent Muldoon took the accused to Milford Garda Station on suspicion of drink driving.
However, when asked to give a breath sample, Duffy told Sergeant Muldoon he was “blowing into nothing” and the best thing he could do was to phone him a taxi to send him home.
The court was told that Duffy was of the belief that because he was not breathalysed at the scene he could not be charged.
Garda Inspector Seamus McGonigle said Duffy, of Kildarragh, Dunfanaghy, sat back in his chair at one stage and told Gardai they had no proof he had done anything.
He also said at the station that he would “shoot” the person who had told Gardai about him.
He was eventually charged with failing to give a a breath sample to Gardai at Milford Garda Station under the Road Traffic Act of 2010.
Solicitor for the accused, Mr Frank Dorrian, said the underlying problem was alcohol and that his client was drunk.
He had also been ill-informed by others that if he was not breathalysed at the side of the road he could not be charged.
“He got it into his head that because he was not breathalysed at the scene he could not be charged and this is in fact not true. He didn’t actually realise this until I told him.
“He was adamant that he should have been breathalysed but this is the rock on which he perished,” he said.
He added that Mr Duffy was intoxicated, was a little bit boisterous because he thought he was correct and now found himself in court.
Mr Dorrian said his client was an old aged pensioner and had made it this far without having any convictions.
Judge Vincent Deane banned Duffy from driving for four years and fined him €350.