'I'll f***ing smoke if I want to' - man caught drink-driving on Waterford bypass
Connelly was apprehended on the N25 at Gracedieu.
A Kilkenny man has been ordered to pay a fine of €2,200 and to stay off the roads for two years after being convicted of drink driving on the N25.
Adam Connolly, of The Avenue, Cappagh, Gaulsmills, Kilmacow, Co Kilkenny, appeared at Waterford District Court of Appeal to contest the conviction.
Judge Eugene O'Kelly heard from State Solicitor Frank Hutchinson about the circumstances leading up to the defendant's conviction by the District Court.
On the morning of April 28, 2023, Garda Conor Courtney was on patrol on the N25 at Gracedieu, Waterford when he saw the accused driving a white Mitsubishi Canter towing a trailer. He noticed that the nearside indicators were not working.
Connelly was travelling in the Cork direction when he was stopped by the Garda. He produced a full Irish driving licence and a category BE provisional licence for towing large trailers.
After detecting a "pungent" smell of alcohol, Garda Courtney conducted a roadside breathalyser test, which Connolly failed. He told the Garda: "I only had two drinks, I can't be over the limit."
While waiting for Garda transport to the station, Connelly looked for a cigarette in his cab. As he started smoking, Garda Courtney asked him to put out the cigarette, to which he replied: "I'll f***ing" smoke if I want to." Garda Courtney took away the cigarette and threw it onto the tarmac.
At the Garda Station in Waterford, Connolly was found to have 51 microgrammes of alcohol per 100ml of breath. Defence barrister Michael Daly BL asked both Garda and Sergeant witnesses about the nil-by-mouth process and questioned whether the adequate amount of time had passed for the test to be done correctly.
Judge O'Kelly said that Connolly didn't recall cursing at the Garda because: "He didn't have the benefit of sobriety at the time."
