A man who had denied drunk driving has had his conviction overturned on appeal, after a judge found the validity of the defendant’s arrest was in question.
Daniel Keelan (47) with an address in Ashbourne, Co Meath had pleaded not guilty in the District Court to drink driving in the town on August 21, 2022, contrary to section 4(4)(a) & (5) of the Road Traffic Act 2010.
Mr Keelan was convicted in the District Court and given a two-year driving disqualification, along with a 200 euro fine. He launched an appeal against his conviction, which was heard at the District Court Appeals Court sitting in Trim today.
Garda Saoirse Horan, of Ashbourne Garda Station, told the court that she was on patrol along Frederick Street in Ashbourne at around 9.55pm when she noticed a black BMW driving at speed past the garda patrol car.
Garda Horan said that she pursued the car but it failed to stop when she indicated for it to do so. She said that the car then turned into the car park of an apartment complex.
She said that when she approached, she observed a male slouched in the driver’s seat who refused to get out of the car. She said that the man gave her his licence at the scene, where she said she got Mr Keelan’s details and address.
Garda Horan said that Mr Keelan was argumentative with gardai, that there was a strong smell of alcohol coming off him and that his speech was slurred.
Garda Horan said that she cautioned Mr Keelan that he was being arrested under section 4.8 of the Road Traffic Act 2010 and that she handcuffed him due to what she said was his “initial non-compliance and aggressive demeanour”.
She said that Mr Keelan was taken into custody, where a test for alcohol was carried out which she said recorded an alcohol level of 59mg per 100ml of breath. The legal limit is 22mg of alcohol per 100ml of breath.
Defence counsel for Mr Keelan, Martin Dully BL, said that his client recalls that when the garda vehicle stopped at an angle, a garda member jumped out, immediately pulled open Mr Keelan’s door and pulled him out of the vehicle.
Mr Dully said that the first thing Mr Keelan knew about what was happening, he found himself between the garda vehicle and his own with handcuffs on, and the garda hadn’t spoken to him.
Garda Horan said that she did not put handcuffs on Mr Keelan without explaining the reason for his arrest.
Mr Keelan also maintained that he could not have been speeding on the road, as there were road works and traffic bumps present at the time.
Mr Keelan said that the first time that his driver’s licence was requested was in the garda station and not at the scene.
Garda Horan said that she got the information about the defendant’s home address being in Ashbourne from his driving licence at the scene of the arrest.
However, Mr Dully produced Mr Keelan’s driving licence in court and said it actually reads that his address is in Baldoyle, and so Garda Horan’s evidence could not have been correct.
Judge John Martin said that the conflicting information regarding when and where the driver’s license was obtained “casts a doubt” over which version of events is correct.
He said that, as he had a slight doubt about what had happened in the car park, this put the validity of the arrest into question.
Judge Martin decided in those circumstances to allow the appeal of Mr Keelan’s conviction.