A man who tried to take a “slug out of a can” of alcohol as he sat in a car during the course of an exchange with gardaí at the side of a road during the early hours of the morning has been told to continue to address his alcohol problems.
Judge Fiona Lydon said she needed time to consider what sentence, if any, she might hand down to Daniel Maguire, 11 Sliabh Cairbhe, Drumlish, Co Longford following an incident at Clontumpher, Co Longford on January 17 2017.
The court was told gardaí had been on patrol in the Clontumpher area of Killoe shortly after 2am when they came across a vehicle parked at the entrance to a local authority yard.
Inspector Jones said gardaí approached the driver’s door and spoke to the alleged defendant.
He said as the officer observed what he believed to be a strong smell of alcohol coming from the car, Mr Maguire proceeded to “open a can of alcohol and attempted to take a drink”.
Mr Maguire was arrested and taken to Longford Garda Station on suspicion of drink driving.
A demand, Inspector Jones, said was made for Mr Maguire’s driving licence and certificate of insurance, both of which were not produced.
Judge Fiona Lydon was told Mr Maguire had a number of previous convictions, among which included convictions for no insurance.
In defence, Frank Gearty said his client had been residing in Ballinalee with his mother and was trying to curb his dependencies on alcohol.
“If he (Mr Maguire) can get over alcohol (problems) he will be able to get into the workforce and become a useful person in society,” said Mr Gearty.
In reference to what he termed “the slug out of can” Mr Gearty said it was fortunate that the breath reading given by his client was on the lower side.
Mr Gearty, by way of background said Mr Maguire finished school in Moyne CS in 2007 but left two weeks before completing his Leaving Cert to work on the building of the Tullamore by-pass.
“There is a very good reason why he should not be taking alcohol,” added Mr Gearty.
Judge Lydon said she would require time to consider matters, adding: “We have had difficulties with no insurance and drink driving and something needs to be done at this juncture.”
She said a letter handed into the court from Mr Maguire’s GP was the “first step” in arresting that trend.
Judge Lydon said she would be adjourning affairs for a month to “see how you go with your GP”.
Mr Maguire was remanded on continuing bail to appear back before Longford District Court on April 20.