During his arrest Henry Johnston said: “I know the craic. I used to be a guard.”
Henry Johnston (34), Stoney Lane, Ardee, Co. Louth contested the charge which arose after an incident more than two years ago when a BMW car crashed into a boundary wall close to his home.
During his arrest he said to gardaí: “I know the craic. I used to be a guard.”
At a hearing earlier this year the defence contended that the demand for a sample was not made within three hours of driving.
However, Judge Nicola Andrews said that the accused “took every opportunity he could to frustrate the process”.
Mr Johnston, who has no previous convictions, was convicted and referred to the Probation Service for a community service assessment.
A neighbour testified that on May 31, 2023, she was in bed when awoken by a loud bang. She looked at the clock. It was 11.07pm.
Her daughter, who had also woken up, said, “It’s Henry. He crashed into the wall.”
Dundalk Courthouse
Gda Nuala Crossan gave evidence that at 11.25pm she responded to a report of a road traffic collision at Stoney Lane, Ardee. A car had crashed into a wall in a cul de sac.
The defendant was in the driver’s seat with the door open. The engine was running and the airbags had deployed. An alarm in the car had gone off.
He said he was okay. His eyes were glazed and his speech slurred.
Gda Crossan continued that she formed her opinion at 11.29pm that the man was incapable of having proper control over a mechanically propelled vehicle and arrested him at 11.30pm on suspicion of drink driving.
She said that the man “persisted in interrupting me” and during the caution said, “I know the craic. I used to be a guard.”.
He added, “You know I’m not going to comment and incriminate myself,” when asked about what happened.
On arrival at Dundalk Garda Station at 12.10am on June 1, he said he required a doctor’s attention because he was asthmatic. A doctor was contacted.
Gda Crossan said it was decided not to conduct an Evidenzer breath test.
Mr Johnston’s behaviour “began to escalate”. He repeated demands for a solicitor to attend. No solicitor was available.
The accused called Member In Charge of the station Gda Ryan Brennan a “retard”. He put papers down his trousers, removed them and threw them at Gda Brennan.
A doctor who arrived provided him with an inhaler. He refused it and refused to engage with the doctor.
He said he wanted a solicitor. He refused to enter the doctor’s room.
Gda Crossan said the defendant then began to tap the Evidenzer machine and remarked, “I will provide breath”.
She explained that was no longer an option because of his previous claim that he would be unable to provide a breath sample and the fact that the Evidenzer guard had left.
He said, “Yes, I’ll provide urine” and began shouting at the doctor that he would provide breath.
The accused was asked to leave the room. He clung to the Evidenzer machine before being escorted to the custody area.
Gda Damien Fanning attended the garda station to conduct an Evidenzer breath test. He commenced a period of observation at 12.20am.
Mr Johnston said that he was asthmatic, wanted a doctor and would be unable to do a breath test.
Gda Fanning said he ended the observation. He felt it better to get a doctor for a blood or urine test.
The defendant became aggressive, particularly towards Gda Brennan.
Mr Roe said that the demand for a sample was made at 2.01am. In her statement the woman said she heard a bang at “11-ish”. He submitted there was a doubt the demand was made within three hours of driving.
On an adjourned date, Judge Andrews directed Mr Johnston to complete 60 hours community service in lieu of two months’ imprisonment. He was fined €501 and disqualified from driving for four years.
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