A Killorglin man “who was well over the limit” has been convicted for driving with excess alcohol for the third time after he came before Cahersiveen District Court last week.
ohn Coffey of 36 Baile an Tooreen, Killorglin was detected by gardaí after a traffic collision at Annadale Road, in Killorglin on August 14, 2021.
Gardaí attended the scene of the accident where they observed a car which had collided with two parked vehicles. Garda Paula Keating told the court that there was one person at the scene and she took a caution memo off this man which was Mr Coffey. Arising out of the incident he was charged with driving with excess alcohol.
Defence solicitor John O’Dwyer raised concerns about the caution memo and whether this had been read back to Mr Coffey and whether he had been offered the right to make changes.
Garda Keating said she was not sure if this had been done but it had been signed by both her and Mr Coffey and she said it would be standard practice for her to read it back.
Judge Waters said if he accepted that it was not read back to him it gave him discretion not to allow it in evidence but he said he was including it.
In the memo Mr Coffey admitted that he had been drinking wine and Buckfast and he put his time of driving between 1.20am and 2am.
In his caution statement he also said he had been startled by a man coming out of the Bianconi.
Mr O’Dwyer said this time did not make sense and he said he had concerns about the time of driving as put forward by Mr Coffey but Judge Waters said that the the driving fitted into the three hour window of when a sample had been taken.
Mr Coffey had been arrested and taken to Killarney Garda Station where a sample was taken from him at 2.42am and a second sample at 2.51am. The reading was 75mcg of alcohol per 100mls breath.
Mr Coffey would have to have been driving before midnight to be outside the three hour window for a sample, Judge Waters said.
Mr Coffey was convicted of the offence and the court heard he has two previous offences which Judge Waters said “put a different colour on things”.
“He was well over the limit at 75. This is a high reading and a third offence.”
“A third offence of drink-driving is worrying. The vast majority that come before me don’t come again. They learn not to do it.”
“What if he hits some-body next time?,” said Judge Waters.
Mr O’Dwyer said the last conviction dates back to 2007 and that Mr Coffey is a man with a young family.
“There are no excuses .. He is dealing with the situation.”
Judge Waters warned that if Mr Coffey comes before him again he would considering jail.
“If he got into a car and hit some-body they are going to say the judges in Kerry are too soft on drink-driving.”
Mr Coffey was fined €600 and disqualified from driving for six years.”
