A Westport man whose urine sample was labelled incorrectly after he was arrested for suspected drunk driving has failed to have a charge against him dismissed.
Kevin Joyce, The Riverwalk Apartments, Westport, pleaded not guilty to drink driving when he appeared before Castlebar District Court.
Gda Fergal O’Gara told the court he was conducting a checkpoint at Cahernamart, Westport, at 3am on August 1, 2022, when he stopped a Citroen Berlingo driven by the defendant. Joyce did not have his driving license so Gda O’Gara conducted a roadside breath test that gave a positive reading for alcohol.
Joyce was arrested and conveyed to Westport Garda Station where he gave a urine sample that showed a reading of 142mg of alcohol per 100ml urine. The legal limit is 67mg.
In response to a question from defending barrister Mark Ryan, Gda O’Gara said the nurse who took the urine sample divided it into two containers and labelled them. Mr Ryan asked the Garda if he had noticed that the date on the outside of the container was incorrect. It read 1/7 instead of 1/8. Gda O’Gara said he had not noticed this.
Mr Ryan said the case should be dismissed due to the incorrect date but Judge Vincent Deane noted it was nothing more than a typographical error and said he was finding the defendant guilty of the charge.
The court heard that Joyce has no previous convictions.
Judge Deane imposed the mandatory two-year disqualification and a fine of €200. The decision has since been appealed to the circuit court.
