An Ardara man has been put off the road after being convicted of drink-driving in a case where his solicitor contested that the townland specified on a checkpoint authorisation does not exist.
Michael Kennedy, a 55-year-old whose address was given as Tullycleave, Ardara, was before Glenties District Court charged with an offence in the early hours of February 13, 2023.
Garda Ciara Gibbons told the court that she was on duty on the night in question and conducted a mandatory intoxicant testing (MIT) checkpoint at Tullycleave, Ardara. The checkpoint was authorised by Superintendent Karen Duffy and conducted with Garda Dermot Walsh.
Garda Gibbons said she observed a Volkswagen Caddy van approach the checkpoint and signalled for it to stop.
Kennedy was the sole occupant of the vehicle. He was informed that gardai were testing for drink-driving and a requirement was made for him to provide a specimen of breath.
After failing the roadside test, Kennedy was arrested and conveyed to Ballyshannon Garda Station.
Kennedy was described as being “fully compliant” and was not handcuffed. At 2.30am, Kennedy was introduced to the member in charge at Ballyshannon Garda Station, Garda Una Cummiskey.
After undergoing a 20-minute period of observation, Kennedy was taken by Sergeant Conor Brady, a trained operator of the Evidenzer machine. A test showed a concentration of 63mg of alcohol per 100ml of breath.
At 4.04am, Kennedy was charged with drink-driving by Garda Gibbons and he made no reply after charge.
Inspector Logue told Judge Ciaran Liddy that she believed the facts of the case had been proven.
Kennedy’s solicitor, Mr Denis O’Mahony, said a MIT checkpoint should comply with statutory provisions. Mr O’Mahony said there is no townland simply called Tullycleave, Ardara and handed in Donegal County Council’s book of townlands.
He said there were two townlands in the area – Tullycleave Mor and Tullycleave Beag – and the road in question goes through both.
Mr O’Mahony argued that the checkpoint was invalid as there is no townland called Tullycleave.
Inspector Logue told the court that minor errors regarding authorisation can be generally overlooked “so long as they are not misleading, unclear or illegible” and said that the accused lives in the vicinity and was aware of the location at all times.
Noting the submissions made, Judge Liddy said while Tullycleae was not specified as a townland, his understanding was that citing locations should mean specifying an area that is understandable to both gardai and a person coming to court.
“It has not been established that the location was ambiguous,” Judge Liddy said. “There is certainly no ambiguity. I am satisfied that the MIT authorised doesn’t lack specificity and is not ambiguous or misleading.”
The court heard that Kennedy has no previous convictions.
Mr O’Mahony told the court that his client is a 55-year-old single man who works as a publican and is a carer for his elderly mother.
Judge Liddy convicted Kennedy, disqualifying him from driving for a period of two years. Kennedy was also fined 200 and given six months to pay.