Too drunk to comply with Gardai defence thrown out by Judge at Tuam Court

A DEFENCE argument that a man was so drunk that he didnâ€â„¢t know what Gardai were instructing him to do, so couldnâ€â„¢t be charged with not complying with them, was rejected by a Judge at Tuam Court and the defendant was put off the road for four years and had a prison sentence imposed. Danny McGrath solr (defending) argued that his client, Trevor Boyle, Lurganboy, Ballyhaunis, was so intoxicated that he was unaware of what was happening around him so it didnâ€â„¢t make sense charging him with failing or refusing to comply, because he wasnâ€â„¢t physically in a state to do so.[private] However, Judge Geoffrey Browne responded, saying that if people want to drink themselves into oblivion then they had to take the consequences. He said Boyle, who threatened, abused and refused to cooperate with arresting Gardai, had behaved in an absolutely disgraceful manner and whether he remembered it or not, he was not walking away from the consequences. Garda Sharon Murray gave evidence of attending a single vehicle accident in the Milltown area on December 8 last. She found a VW van crashed in a ditch. There were two people in the vehicle and Boyle was in the driverâ€â„¢s seat. The key was still in the ignition and the dashboard lights were on. Boyle couldnâ€â„¢t tell her what happened. She arrested him on suspicion of a drink driving offence and he became so aggressive and abusive towards her that she had to handcuff him. He remained so belligerent that she had to call for assistance. Two members of the Traffic Corps came to her assistance and Boyle was transported to Tuam Garda Station. On the way he continued to be aggressive and used foul language towards Garda Murray. His behaviour was so aggressive that he had to be restrained while in the patrol car. Danny McGrath solr (defending) pointed out that there was no evidence of his client actually driving the car. It was stationary in the ditch when Garda Murray arrived. She agreed, but pointed out that he was arrested for being drunk in charge of a vehicle, not driving it. â€ËœHadnâ€â„¢t a clue what was happeningâ€â„¢ Mr McGrath argued that his client should not have been charged with refusing to provide a breath sample for intoxalyser analysis because he was so drunk he couldnâ€â„¢t understand what was being asked of him. â€Å“He hadnâ€â„¢t a clue what was happening. He says he was drinking all day long and doesnâ€â„¢t remember anything about his antics in the patrol car or at the station.â€Â He asked Garda Murray why, if his client was supposed to have been drunk in charge of a vehicle and failing to provide a breath sample, both serious offences, had she decided to charge him with the offence of refusing to provide a sample. Garda Murray said she decided this approach was best practice on the night. Garda Stan Oâ€â„¢Grady said Boyle was extremely aggressive in the patrol car and lunged at the driver on a number of occasions. In the station he was smart, uncooperative and aggressive, sucking rather than blowing into the intoxalyser mouthpiece. After he had failed to provide a breath sample he continued to be so aggressive that he had to be put in a cell. He kicked out at Garda Oâ€â„¢Grady and hit him on the leg. Mr McGrath put it to Garda Oâ€â„¢Grady that his client was so drunk he couldnâ€â„¢t blow properly. The witness disagreed, saying Boyle seemed fully aware and able to make smart comments. â€Å“Surely it stands to reason that if a person is extremely drunk then that person can not be aware of what they are doing,â€Â the defence argued. In the witness stand Trevor Boyle said he met a friend in Ballyhaunis on the morning in question and they started drinking at 12.30 pm and continued until about 7 or 8. He insisted he had no memory of the day, his antics with the Gardai in the patrol car, at Tuam Garda Station or crashing the car. His first recollection was going to visit his friend the next day in Castlebar hospital where he was being kept for observation. Boyleâ€â„¢s sister took the stand and stated that when she collected her brother from Tuam after his release he didnâ€â„¢t know where he was. She said her brother hadnâ€â„¢t drank since the incident. â€ËœMaybe someone from up there dropped him into the vanâ€â„¢s driving seatâ€â„¢ Danny McGrath argued that his client faced eight charges, one of which was failure to comply with the instruction of a Garda. â€Å“Failure to comply, he didnâ€â„¢t know where he was, let alone comply,â€Â he said. He also argued that there was no evidence before the Court of his client driving on the night. â€Å“Maybe someone from up there dropped him into the vanâ€â„¢s driving seat. The defence is trying to make a case that he was so drunk he didnâ€â„¢t know what he was doing and so should get off. If he goes out and drinks himself into oblivion he has to take the consequences,â€Â the Judge said. After being told Boyle had a number of serious previous road traffic offences, the Judge said he was no innocent abroad and disqualified him from driving for four years and imposed a fine of €750 on the refusal to provide a breath sample charge. For driving without insurance he also imposed a four year ban and a fine of €500. A €200 fine was imposed for driving without a licence. For his behaviour towards the Gardai he was sentenced to one month in prison. Recognisances were fixed in the event of an appeal. Free legal aid was granted.[/private]