A man who drove the wrong way up a one-way road in Letterkenny while drunk has been put off the road.
Garda Kerry Leneghan told Letterkenny District Court that at 12.05am on December 19, 2021 she observed a white Mercedes van driving the wrong way on the one-way system on the Paddy Harte Road in Letterkenny.
Garda Leneghan watched the car enter the car park at McDonald’s. When the driver, Niall Bance, exited the driver’s side of the van, Garda Leneghan said his belt and jeans were open. The driver stumbled and walked away from the van as Gardai approached.
Bance’s eyes were dilated, he was unsteady on his feet and his speech was slurred, the court heard.
When arrested, Bance, a 43-year-old of Carrygawley, Lismonaghan, told Gardai: “Do what you have to do.”
After being conveyed to Letterkenny Garda Station, a breath test was carried out which showed 56 microgrammes of alcohol per 100 millilitres of breath.
Solicitor for Bance, Mr Frank Dorian questioned the 20-minute period of observation prior to the defendant being given a breath test in the Garda station.
Mr Dorrian said the Evidenzer Irl machine doesn’t have a specific instruction relating to the 20-minute observation period and said that the period must be ‘explained and justified’ to an accused. “None of that was given,” Mr Dorrian said.
Judge Vincent Deane said he agreed with An Garda Siochana, who contested that this wouldn’t ‘prejudice’ Bance.
Mr Dorrian said Bance is a married father-of-two who works as a delivery driver.
“A conviction would bring an enormous penalty,” Mr Dorrian said.
Judge Deane disqualified Bance for two years. The start of the disqualification period was postponed until September 1.