Co Kildare woman crashed into by drunk driver sees him get charges dismissed today

A man residing in Newbridge who crashed into a young local woman's car while well over the alcohol limit, and trapping her inside it, had charges of drunken driving dismissed today in Naas.

The 36-year-old Polish national with an address at Kilbelan Park, Newbridge, faced charges of dangerous driving under Section 4, of the Road Traffic Act, and drunken driving, May 6, 2016, on the Athgarvan Road.

Evidence was heard by a young woman today at Naas District Court how the accused hit the driver side of the car.

She said: "The car edged forward, there was no indicator in his car. I did not think he would make the turn. I got pushed on to a path. He hit me on my side, I could not get out of the car."

Evidence was given by arresting Garda Niamh O'Shea, on probation at the time, how the Gardaí were called to the scene at about 10.15pm.

Garda O'Shea outlined how there was a 'smell of alcohol' from the breath of the accused.

She outlined how Garda Thomas Sheehan of Newbridge Garda Station carried out a roadside breath test, indicating the accused had a reading of 82 microgrammes of alcohol per 100millilitres of breath.

Barrister Martin Dully, when cross examining Garda Sheehan asked him if he recalled what sort of a driving licence the accused had, and if it was a full licence or not.

Garda Sheehan said that he did not recall but believed it was a full licence. Once in the station, Garda Sheehan opted to pick specified on the alcohol reading machine, this means the alcohol reading allowed is greater as it is for a full licence holder. Unspecified applies to those without a full licence.

Barrister Dully argued that Garda Sheehan in his evidence did everything correctly in being in charge of the intoxilyser machine, bar one important detail.

However , Garda Sheehan did not ask the accused if he wanted the reading in English or Irish, and only printed up the English version for the accused.

Also Barrister Dully argued that Garda Sheehan's name was not signed in the 20minutes nil by mouth observation period, names of other Gardai were included, but not Garda Sheehan.

Barrister Dully outlined that the accused had no previous convictions.

Defence said: "He lived 20metres from where the accident happened. He remained at the scene, he complied with Gardai."

Judge Desmond Zaidan dismissed the drunken driving charges, on the basis that the 20minutes period of observation was not adequately noted and that there was not an option of English or Irish offered.

Charges were reduced from dangerous to careless driving. The accused was fined €750 with six months to pay, on a lump sum.