Waterford farmer is caught driving four times over the limit
The judge concluded that he was satisfied that the breathalyser test was applied lawfully on the night of the incident.
A local farmer who was caught drink driving in a rural part of county Waterford appeared in court this week to appeal his penalty. Sean Cummins, of Ballybrack, Kilmacthomas, was caught drink driving in the very early hours of June 12, 2024, after he drove out onto a road in front of a garda patrol car, from a car park beside Lenihan's Bar and Flynn's Bar in Newtown.
The two gardaí noticed that Mr Cummins' vehicle was swaying from side to side on the road. After being pulled over, Mr Cummins told the gardaí that he was driving a new car and he didn’t know how to turn it off. The Gardaí noticed his speech was slurred and he was “very unsteady on his feet”.
He failed a breathalyser test on the side of the road and was brought to Waterford Garda Station.
One of the garda members said that Mr Cummins' attitude changed at the station, and he had become more “difficult” and “rude”.
A 20-minute observation period was carried out, before an evidencer test was administered.
The test found that he was approximately four times over the legal alcohol limit.
He was charged and offered a lift home. He replied with: “Get me in the car to milk the cows now."
For the offence, he received a three year disqualification from driving and a €2,000 fine.
He appealed these penalties at Waterford Circuit Court this week before Judge Christopher Callan.
During the hearing, the actions of the gardaí on the night were questioned to ensure that they carried out the correct procedures.
Cummin's defence counsel, Mr. Brendan Hennessy BL, claimed that the two gardaí provided a contrasting recollection of events under oath, and that their accounts were "diametrically opposed".
Judge Callan concluded, however, that the evidence put forward by the two garda members was acceptable, and that they were respectful in how they approached the matter.
He concluded that he was satisfied that the breathalyser test was applied lawfully on the night of the incident.
He decided to disallow Mr Cummins' appeal regarding the driving disqualification, and upheld the three year ban. His fine was reduced from €2,000 to €1,000.
