"Excellent witness" testimony prompts judge to uphold Longford drink driving conviction

Jurijus Zuckovas, Longford Road, Lanesboro, was convicted of motoring offences, including drink driving and damaging a mirror of a car on February 18, 2020 at SuperValu, Main Street, Lanesboro in Longford District Court.

The 55-year-old appealed the conviction that saw him banned from the road for five years to Longford Circuit Court.

Garda Thomas Killian gave evidence of the incident which happened at 11:50am. Garda Killian spoke to Martina Healy who called the Garda station after she saw a collision in the car park of the supermarket.

Ms Healy pointed out the car to Garda Killian. The officer spoke to the driver, Zuckovas, and noted there was a strong smell of alcohol. The officer conducted a Drager roadside breath test, which the appellant failed.

Zuckovas was brought to Longford Garda Station and although he was requested to provide a breath specimen he failed to do so, saying he was suffering from chest pains. The Gardai told the court the defendant paid for the damage caused to the owner of the car he hit.

Prosecution witness Martina Healy recalled the events of the day. Ms Healy said when she observed the appellant reversing she thought: “Jesus, he's going to keep reversing!”

She told of seeing Zuckovas's car collide with a stationary car. The witness went over and knocked on the driver side window. When Zuckovas rolled it down she said: “Excuse me, you hit that car.”

Ms Healy told the court: “It looked like he was going to drive off, but I wouldn't let him.” She said when she informed Zuckovas she would call Gardaí the driver said: “No, no, no guards.”

Ms Healy explained: “The law in this country is we call the Gardaí when there is an accident,” then made him park in a disabled bay. The witness said it “certainly looked like he was going to drive off”.

Having listened to Ms Healy's account of the events Judge Johnson asked: “You never thought of going into the guards yourself? You have all the requirements.”

Taking to the witness box the defendant, who was aided by a translator, said he has lived in Ireland for the last 15 years.

Construction worker Zuckovas explained he was unable to provide a breath sample because of his ill health: “I was doing the best I could. I did not have enough air in his lungs,” he said. The appellant related how he had undergone two operations on his heart.

Judge Johnson noted the defendant was convicted of drink driving, but suggested the District Court prosecution should have been for refusing to provide a sample.

The judge said at the core of the case was “a ding that happens in every car park in the country”. The judge praised the contribution of witness Martina Healy, describing her as “an excellent witness”.

Judge Johnson said although there was no sobriety test undertaken by Gardai the evidence of drink by Ms Healy shows the arrest was valid. The judge was satisfied the evidence presented confirmed Zuckovas was intoxicated to such an extent he was incapable of being in control of a vehicle at the time.

Judge Johnson upheld the conviction for drink driving. Counsel for Zuckovas, Kieran Collins BL, pointed out his client is the sole driver in the house and other family members rely on him for mobility and transport.

Judge Johnsoan said he would reduce the disqualification from five to four years, postponing its imposing to May 17, 20223.

The fine was reduced to €100 from €400.