Offaly driver found asleep in car with bottle of whiskey beside him

A MAN was found asleep in a car at a Birr filling station with a three-quarters empty bottle of whiskey beside him, Tullamore District Court heard.

Conor Redmond (28), Attinkee, Banagher pleaded not guilty to attempting to drive with excess alcohol in his breath at Corrib Oil, Banagher Road, Birr on March 15 last.

Mr Redmond was represented at a hearing before Judge Andrew Cody by John O'Dwyer, BL, instructed by Patrick Martin, solicitor.

The first witness for the prosecution, Martin Power, told the court he pulled up at the shop and met a friend of his who told him there was a man fast asleep in a car with a bottle of whiskey beside him.

Mr Power said he looked into the car and saw the person in the driver's seat with the remains of the bottle in the bottle holder.

Mr Power said there was no response when he tapped on the window and he took the keys out of the car and gave them to a friend who brought them into the shop. The person in the driver's seat did not wake.

The witness said he considered that perhaps the man in the car was drunk and could be a danger to himself or others. The gardai were contacted and when they arrived the man was still in the car.

Cross examined by Mr O'Dwyer, Mr Power repeated that the man in the car was asleep but did not wish to say to whom he gave the keys.

Garda Damien Donohue gave evidence of going to the forecourt of Corrib Oil at about 10am after receiving a report of a man asleep and when he arrived he saw a 2013 Roscommon registered red Kia Ceed.

Garda Donohue said the car was parked at the pumps and a male was slumped over in his seat and there was a “nearly empty” bottle of whiskey in the car.

The garda opened the door and got a very strong smell of alcohol and attempted to wake the man. His eyes were glazed and Garda Donohue formed the opinion he was incapable of controlling a vehicle.

He arrested the man and brought him to Birr Garda Station where his breath was later tested using an Evidenzer machine and the result was 81 micrograms of alcohol per 100 millilitres of breath.

Garda Donohue said the obtained CCTV from Corrib Oil the next day and it showed the red Kia pulling up shortly after 7.20am.

The CCTV footage was played in court and a man could be seen getting out of the car and getting back in. At 9.35am another man was recorded tapping on the window and then speaking to others before the keys were taken.

The footage also showed two gardai arriving and taking the man from the car and walking across the forecourt with him, with a garda on each side appearing to support him.

Replying to Mr O'Dwyer, Garda Donohue said the engine was not running when he saw Conor Redmond in the car because the keys had been handed in before he arrived. “He was well asleep,” remarked the garda.

Garda Virginia Doona gave evidence of accompanying Garda Donohue and said the car was parked at a pump and it “took a while” to wake Mr Redmond.

Garda Doona said there was a bottle of what she described as Jameson Black Label in the centre console and it was three-quarters empty.

After further evidence from Sergeant Ciaran O'Mahony about conducting the breath test in the garda station, Mr O'Dwyer said he had an application to make.

The barrister said there was no key in the vehicle and there had been no attempt to drive it.

Judge Cody said there was a statutory presumption of intention to drive in the relevant legislation but it was open to the defence to try to rebut that presumption.

Mr O'Dwyer said the evidence was that Mr Redmond drove into the filling station at 7.24am and stopped but there was no attempt to drive and he was asleep when the keys were taken.

In his own direct evidence Mr Redmond said he fell asleep before the shop opened at 8am and when he was cross examined by Sergeant Brendan Kearns, court presenter, he accepted he had driven the vehicle to the filling station and had drunk whiskey.

Mr Redmond said he was coming from a friend's house in Shinrone and was on his way home and stopped at the filling station to get fuel for the car which was “on empty”. He said he intended to drive after getting fuel once the filling station opened.

Convicting the accused, Judge Cody said it was “absolutely 100 per cent clear” Mr Redmond intended to drive and the evidence was he had pulled in because he had no petrol.

He disqualified Mr Redmond from driving and imposed a fine of €2,500.

(Funded by the Courts Reporting Scheme)