Athy drink driver described test results as 'nonsense'

A MAN who was found to be more than four times the legal limit to drive was banned for three years though not jailed, after the judge sympathised with the defendant’s serious health issues.

Eugene Wogan (63), of Rheban Avenue, Rheban Manor, Athy was in Athy District Court to plead not guilty to the alleged offence outside his home on 16 September.

Investigating officer Gard Derek Maher told the court that the Station had received a number of calls that evening around 7.10pm about a drunk driver in the estate.

“One caller gave us a registration number which, when checked belonged to the defendant Eugene Wogan of Rheban Avenue,” said Gada Maher.

“When we arrived and pulled up in front of the vehicle a male got out stumbling with slurred speech, and at around 7.20pm he was arrested.

“His reply to the charge was: ‘no’.

“In the station he denied being in the car … (but) at 8.34pm gave two specimens of breath that returned a reading of 111 microgrammes of alcohol per 100 millilitres of breath,” testified the Garda.

“That’s four times the legal limit! That’s very high!,” noted Judge Desmond Zaidan.

“His reply to this was ‘it’s nonsense!’,” said Garda Maher.

In cross-examination by Seamus Taaffe he re-iterated that “the engine was running and the lights were on when I pulled up in front of the vehicle and got out”.

“I don’t accept that,” he said when it was put to him that the defendant claimed he was on his own driveway, and also that he explained “in plain language” to Mr Wogan why he had to get in the squad car.

Car Trouble

Mr Wogan then took the stand and explained that on the night in question he had been going home from the People’s Park in Athy where he had gone for a walk because he was “very upset” after the recent death of his mother.

“There were some tough times, and I was homeless for a while,” he said.

He encountered some car trouble there, and though he had called his partner for a tow, he got the car re-started “and drove straight home”.

“I drank some neat whiskey … I shouldn’t’ve drank at all … I only have 20 per cent of my digestive system after surgery,” he said.

“I sat in the car and drank the whiskey with the engine off … my partner doesn’t like me drinking inside.

“I got halfway up the driveway and a guard says ‘Hey! Come here!’ and just told me to get in the car.

“I did not drink and drive.”

Judge Zaidan said: “Both sets of evidence points to opposing views, and even if this court doesn’t believe a word of Eugene Wogan, the onus isn’t on him to prove his innocence, but on the sate to prove guilt beyond all reasonable doubt.”

He added: “Having assessed all the evidence in full, I am satisfied the State has proved the case, and I convict.”

“My client has had a number of health issues in recent years, so I’d ask the court to be as lenient as possible,” said Mr Taaffe.

“I accept he was in a very bad place, but when Garda Maher was observing his (20 mins) nil-by-mouth, he was still protesting his innocence, saying this is ‘bullshit’,” said the judge.

“You were not only a danger to yourself, but to other road users on the night in question.

“No fine, but a mandatory three-year ban.”

The judge concluded: “Four times over the limit? I’ve sent people to jail for that.”