Offaly drink driver 'verging on alcohol poisoning' is refused appeal against prison sentence


Express Reporter


Express Reporter


A 28-year-old Offaly man who was five times over the alcohol limit when stopped driving by gardaí has had an appeal against a three-month prison sentence rejected at Portlaoise Circuit Court.

Kevin Davis (28), 18 Hillview Crescent, Killeigh, Tullamore, was sentenced in the District Court to three months in prison, and disqualified from driving for ten years. He appealed this sentence at Portlaoise Circuit Court.

At the recent appeal, State solicitor, Mr Donal Dunne gave evidence that on February 5, 2016, at Derrycloney, Mountmellick, the appellant was observed driving in a very slow manner and was arrested under suspicion of drink driving.

He returned a reading of 329mg of alcohol per 100ml of breath.

“That’s verging on alcohol poisoning,” said Judge Keenan Johnson.

The appellant had 12 previous convictions, including two for drink driving.

Judge Keenan Johns noted that the appellant had been five times over the legal limit.

“Were it not due to his steps taken to complete rehabilitation I would be increasing the sentence,” said Judge Johnson.

“It is morally, legally and socially unacceptable to drink and drive, he was a danger to everyone on the road.”

Judge Johnson affirmed the district court sentence of three months.