Louth

Change county

Louth judge dismisses drink driving charge after listening back to audio recording of garda’s evidence

The case was heard in Dundalk Court.

© The Argus

A judge has dismissed a drink driving charge after listening back to a DAR (Digital Audio Recording) box and determining that the arresting garda had not given a time of driving in his evidence.

Jordan Marshall (33), McInnes Court, Wishaw, Glasgow, Lanarkshire, was accused of drink driving at Dublin Road, Haggardstown, on April 14, 2022.

He was also summonsed to Dundalk District Court for alleged dangerous driving on the same occasion.

Gda David Buckley testified that he was on routine patrol and stopped at Xerox junction waiting for a green light when he heard a noise through his half open window.

He looked to the left and saw a Ford Transit coming towards the junction at speed. This van was swaying, and sparks were coming from the rear.

Gda Buckley said the driver seemed to be struggling badly to control the vehicle. The rear wheel on the right-hand side was ‘disintegrated and practically on rims’.

He placed the patrol car on the road and when the van came to a stop he got out and went over to this vehicle.

Gda Buckley continued that the defendant was struggling to sit up straight in the driver’s seat. There was a smell of drink from him, and his eyes were bloodshot.

The officer said that he formed his opinion at 12.35am.

Counsel for Mr Marshall said that he had no note of a time of driving being given.

Inspector Martina Gallagher responded that the garda said it was 12.30am when he had his first interaction with the vehicle.

Judge McKiernan said she did not have a time of driving.

After a break, the judge said that she had listened to the DAR with the court registrar and that no time of driving had been given.

The charges were dismissed.

Today's News in 90 Seconds - April 26th