Longford man facing 'significant hardship' following drink driving ban

A drink driver, who was detected by Gardaí after being seen driving erratically, has received a two year disqualification.

William Forbes (59) of Derry, Ballymahon, country Longford pleaded not guilty and he contested the charge.

Garda David Gerrity said he was on mobile duty at 1.50am on January 11, 2024 with Garda Alan Doherty on Park Road.

The officer said he observed a car crossing the continuous white line on numerous occasions.

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Garda Gerrity said they followed the vehicle as far as Teffia Park and activated the siren but the defendant failed to stop for 10 or 12 seconds.

The defendant eventually stopped at Hanlon's Service Station.

Garda Gerrity said he then asked Forbes for his driving licence, which was produced to him.

The officer stated he got a smell of alcohol from the vehicle and the defendant's eyes were glassy and his speech was slurred.

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Forbes admitted drinking two pints of beer two hours previously.

The publican and farmer failed a roadside breath test at 2am and Garda Gerrity said he then formed the opinion he had drank excess alcohol.

A breath sample taken at Longford Garda Station gave a result of 54mg of alcohol per 100ml of breath.

The legal limit is 22mg.

However, Barrister Niall Flynn, defending, stated there was a lack of opinion formed prior to the roadside breath test being carried out.

Mr Flynn insisted the State's case was “fatally flawed” by the lack of evidence that Garda Gerrity formed an opinion prior to the roadside breathtest.

"Garda Gerrity has accepted under cross examination that he formed an opinion following Mr Forbes providing a failed breath specimen on the roadside,” he added.

Judge Brendan O'Reilly considered the evidence and decided he was satisfied the case had been proven.

Mr Flynn requested that the disqualification be postponed and he stated his client, a publican was facing "significant hardship".
Judge O'Reilly agreed to postpone the mandatory two year disqualification until April 1, 2025 and he imposed a €350 fine with six months to pay.