An elderly man with a previous conviction for drunk driving was fined €400 and banned for one year for another offence by Judge Kevin Kilrane at Sligo District Court.
Before the court was Jerry Golden, Lugdoon, Templeboy who was found to have a concentration of 38 mgs of alcohol per 100 mls of breath following his arrest at Kilmacshalgan, Dromore West on June 7th.
The case had been adjourned for a week to allow Judge Kilrane consider submissions from Mr. Tom MacSharry, solicitor (defending) who had claimed there was unreasonable delay in administering the breath test after Golden's arrival at Sligo Garda Station.
Judge Kilrane said he had considered the matter but was not holding with Mr. MacSharry.
Inspector Sean McGinty said Golden had previously been banned for drunk driving in 1999 for two years while in March 2010 he was convicted of the fraudulent use of a tax disc.
Mr. MacSharry said Golden, who was almost 70, was on a heavy medication for a number of complaints and the loss of his licence would have a major impact on his life.
Judge Kilrane fined Golden €400 and banned him for one year with the period of disqualification to come into effect from February 1st.