A Portuguese man has been put off the road for two years after being caught drink-driving in Letterkenny.
Juan Leite, a 24-year-old man with an address at Ard O’Donnell in Letterkenny, appeared before Letterkenny District Court.
Leite was handed the ban after Judge Éiteáin Cunningham rejected a claim by the man’s solicitor that a Garda did not give evidence of forming the opinion that his client was driving under the influence of alcohol.
Garda Garrett Monaghan told the court that at 4.10am on July 2, 2022, he observed a red Audi A4 driving ‘unsteadily on the Pearse Road. After observing the car ‘swaying across the centre white line’, Garda Monaghan followed the vehicle, which turned onto Port Road without indicating.
Garda Monaghan stopped the car at the top of the Port Road and Leite handed him a Portuguese driving licence.
Garda Monaghan told the court that he brought to Leite’s attention that he observed him crossing the centre white line. Garda Monaghan said he noticed Leite’s eyes were glazed and he detected a smell of intoxicating liquor.
Leite subsequently failed a roadside breath test and at 4.20am he was arrested. Garda Monaghan said he explained to Leite in ordinary language that he was being arrested for drink-driving. The defendant was arrested and taken to Letterkenny Garda Station, where a further breath test confirmed that he was over the legal drink-drive limit.
Solicitor for Leite, Mr Frank Dorrian, contested some of Garda Monaghan’s evidence.
“The Garda says he brought the driving to his attention and ‘I decided to make the requirement under section 9 of the Road Traffic Act for a specimen of breath’, but he didn’t give evidence of forming the opinion or of relaying to the driver that he formed the opinion,” Mr Dorrian said. “If that were the evidence, he could have decided to breathalyse anybody. There is no basis for the decision to do that other than his eyes were glazed and there was a slight smell of alcohol. There was no opinion advanced and if there was an opinion advanced then he (Leite) should have been told about it.”
Inspector Tony Byrne said Garda Monaghan was clear that he observed Leite’s car going over and back the centre line and leaving a roundabout without indicating.
“He spoke to the driver and was clear about what happened,” Inspector Byrne said. “He did outline to the driver the road traffic offences. The Garda was very clear that he saw him committing road traffic offences. He gave a very clear outline of the driving and there can’t be confusion. He observed road traffic offences being committed and he informed the driver of what he observed.”
Judge Cunningham said she was satisfied that Leite had a case to answer and found the facts proven.
Mr Dorrian said his client has no previous convictions and has been working in Letterkenny.
Judge Cunningham convicted Leite and disqualified him from driving for a period of two years. Leite was also fined €250.
Man put off road after Gardai caught him “swaying across centre white line” was last modified: September 8th, 2023 by