Corofin drunk driver convicted on his own admission

A COROFIN man who admitted that he had been drinking in the Palm Tree before he crashed and abandoned his car, was put off the road for three years at Tuam Court when his admission was accepted by the Judge. The Court was told that the only evidence against John McGuire of Ballybanagher, Corofin that he had been drinking and driving was his own admission to a Garda who arrived at his house that he had been drinking on the night. He also admitted to the Garda investigating his crashed and abandoned car that he had nothing alcoholic to drink after leaving the scene of the accident. [private] Garda Michelle Hallinan told the Court that she and a colleague, Garda Alan Kelly, responded to a report of an accident in Corofin on the night of March 19 last. Between the Palm Tree pub and Corofin village they found a car crashed into a wall and abandoned. The lights were still on and the keys left in the ignition so they became concerned that the occupant or occupants of the vehicle could be in the vicinity, injured. After a search Garda Hallinan had the registered owner of the car traced. It was Carol McGuire, the wife of the defendant. She rang their home and spoke to John McGuire. He gave them directions to their house. When they arrived they were invited in and McGuire admitted he had been drinking in the Palm Tree and had crashed the car on his way home. He said he was lighting a cigarette and the back of the car 'locked out'. He confirmed to Garda Hallinan that he had been drinking. He also admitted he had not had anything to drink since he left the car, except for a cup of coffee. The defendant told her he had been thinking of reporting the car stolen but decided that would have been stupid. McGuire was arrested and taken to Tuam Garda Station where a sample of his breath provided for intoxalyser analysis showed a reading of 68mg of alcohol per 100ml of breath. Tom O'Donoghue solr (defending) argued that Garda Hallinan had spoken twice to his client on the phone while getting directions to his home and once when meeting him at the door and she should have used these three opportunities to legally caution him. Garda Hallinan pointed out that she was investigating a traffic accident and didn't have any reason to caution his client until she realised he was under the influence of alcohol. She issued the obligatory caution as soon as was practical and McGuire made his admission while under caution, she explained. The defence argued that the only evidence being presented that McGuire had been driving the car while drunk was his own admission and the fact that he had not been cautioned earlier prejudiced his client. Supt Gearoid Begley argued that Garda Hallinan had followed procedure and issued her caution at the appropriate time. She could not have issued it before she met McGuire. Judge Browne said he agreed and imposed a conviction. A three-year driving disqualification and a €500 fine were imposed. Recognisances were fixed. [/private]