![\"Dundalk](\"https:\/\/www.newsbeep.com\/ie\/wp-content\/uploads\/2025\/11\/18a29c17-84da-48a9-8d86-ccbb2cd376ec.jpg\")
<\/p>\nDuring his arrest Henry Johnston said: \u201cI know the craic. I used to be a guard.\u201d\n<\/p>\n
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.<\/p>\n
During his arrest he said to garda\u00ed: \u201cI know the craic. I used to be a guard.\u201d<\/p>\n
At a hearing earlier this year the defence contended that the demand for a sample was not made within three hours of driving.<\/p>\n
However, Judge Nicola Andrews said that the accused \u201ctook every opportunity he could to frustrate the process\u201d.<\/p>\n
Mr Johnston, who has no previous convictions, was convicted and referred to the Probation Service for a community service assessment.<\/p>\n
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.<\/p>\n
Her daughter, who had also woken up, said, \u201cIt\u2019s Henry. He crashed into the wall.\u201d<\/p>\n
<\/p>\n
Dundalk Courthouse<\/p>\n
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.<\/p>\n
The defendant was in the driver\u2019s seat with the door open. The engine was running and the airbags had deployed. An alarm in the car had gone off.<\/p>\n
He said he was okay. His eyes were glazed and his speech slurred.<\/p>\n
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.<\/p>\n
She said that the man \u201cpersisted in interrupting me\u201d and during the caution said, \u201cI know the craic. I used to be a guard.\u201d.<\/p>\n
He added, \u201cYou know I\u2019m not going to comment and incriminate myself,\u201d when asked about what happened.<\/p>\n
On arrival at Dundalk Garda Station at 12.10am on June 1, he said he required a doctor\u2019s attention because he was asthmatic. A doctor was contacted.<\/p>\n
Gda Crossan said it was decided not to conduct an Evidenzer breath test.<\/p>\n
Mr Johnston\u2019s behaviour \u201cbegan to escalate\u201d. He repeated demands for a solicitor to attend. No solicitor was available.<\/p>\n
The accused called Member In Charge of the station Gda Ryan Brennan a \u201cretard\u201d. He put papers down his trousers, removed them and threw them at Gda Brennan.<\/p>\n
A doctor who arrived provided him with an inhaler. He refused it and refused to engage with the doctor.<\/p>\n
He said he wanted a solicitor. He refused to enter the doctor\u2019s room.<\/p>\n
Gda Crossan said the defendant then began to tap the Evidenzer machine and remarked, \u201cI will provide breath\u201d.<\/p>\n
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.<\/p>\n
He said, \u201cYes, I\u2019ll provide urine\u201d and began shouting at the doctor that he would provide breath.<\/p>\n
The accused was asked to leave the room. He clung to the Evidenzer machine before being escorted to the custody area.<\/p>\n
Gda Damien Fanning attended the garda station to conduct an Evidenzer breath test. He commenced a period of observation at 12.20am.<\/p>\n
Mr Johnston said that he was asthmatic, wanted a doctor and would be unable to do a breath test.<\/p>\n
Gda Fanning said he ended the observation. He felt it better to get a doctor for a blood or urine test.<\/p>\n
The defendant became aggressive, particularly towards Gda Brennan.<\/p>\n
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 \u201c11-ish\u201d. He submitted there was a doubt the demand was made within three hours of driving.<\/p>\n
On an adjourned date, Judge Andrews directed Mr Johnston to complete 60 hours community service in lieu of two months\u2019 imprisonment. He was fined \u20ac501 and disqualified from driving for four years.<\/p>\n
Funded by the Courts Reporting Scheme<\/p>\n","protected":false},"excerpt":{"rendered":"During his arrest Henry Johnston said: \u201cI know the craic. I used to be a guard.\u201d Henry Johnston…\n","protected":false},"author":2,"featured_media":157256,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[42,43,40,38,41,39],"class_list":{"0":"post-157255","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headlines","8":"tag-headlines","9":"tag-news","10":"tag-top-news","11":"tag-top-stories","12":"tag-topnews","13":"tag-topstories"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/157255","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/comments?post=157255"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/posts\/157255\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media\/157256"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/media?parent=157255"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/categories?post=157255"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ie\/wp-json\/wp\/v2\/tags?post=157255"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}