Drunk drivers need to be worried about prison, says judge

A district court judge has said drunken drivers should be worried about a potential custodial sentence rather than a driving ban.

Judge Vincent Deane made his comments at Castlebar District Court where Paul Gibbons, 9 Drymills Lawns, Ballinvilla, Irishtown, Claremorris, pleaded not guilty to drink driving and dangerous driving.

Gda John Hughes and Gda Alan O’Hora told the court that they were driving from the townland of Castlereagh, towards the nearby village of Ballindine, at 12.45am on October 13, 2022, when they observed a small blue van coming towards them on their side of the road. Gda O’Hora swerved towards the ditch to avoid the van, which was between four and six feet onto their side of the road.

The Gardaí pursued the vehicle and eventually located it but the driver was nowhere to be seen. Gda Hughes said he searched a nearby field and found Paul Gibbons, who put his hands over his head and said: “I’m f**ked, I’m done.” When Gda Hughes asked him to clarify what he meant by this, he said: “I’m caught.” Gibbons said he had started drinking at the Shamrock Bar in Claremorris at 7pm.

The defendant was arrested and conveyed to Claremorris Garda Station on suspicion of drunk driving. Sgt Paul Connolly conducted a 20-minute period of observation from 1.21am to 1.41am to ensure Gibbons consumed no food or drink prior to giving a specimen of his breath. A sample of Gibbons’ breath gave a reading of 91mg of alcohol per 100ml of breath. The legal limit is 22mg.

Solicitor Dermot Morahan said the prosecuting gardaí had not allowed his client to clarify what he told Gda Hughes in the field. His client was also searched twice - in the field and at the garda station - without being told why he was being searched. The solicitor also raised an issue about the observation period.

However, Judge Deane said Gibbons had made admissions to Gda Hughes and then repeated them after caution and he could see no issue with this, nor was there an issue with the detention or the observation period.

Mr Morahan said his client had walked into Claremorris from his partner’s house that evening but decided to get into his car and return to his parents’ house following an argument with his partner. Gibbons is self-employed and the mandatory disqualification will have an impact on him. He has no previous convictions.

Judge Deane said Gibbons should not be coming to court worrying about a potential disqualification, he should be worried about a potential custodial sentence. He said there were several aggravating factors in the case.

“We have to reach a stage where the level of intoxication in drunk driving cases has to be reflected in the penalty. That hasn’t been happening. When there are these aggravating factors - three times over the legal limit and putting the lives of two on-duty Gardaí at risk - don’t expect the court to use its discretion,” said Judge Deane before imposing a three-year driving ban and a fine of €3,000.