A Naas District Court Judge ruled that the arrest of a jockey for drink driving was 'valid' despite arguments from Defence.
The court heard how on June 4, 2017, at Athy, the accused was stopped at a mandatory alcohol checkpoint, and at 8.03 am was arrested.
Garda evidence outlined how when the 20 minutes observation period had ceased, the accused said he needed to go to the bathroom and that while there, the Garda saw him drinking water from the tap.
The Garda said that another 20 minutes nil by mouth began because of the accused drinking water from the tap.
A reading of 50 microgrammes of alcohol per 100 millilitres of breath was recorded.
BL Martin Dully, for Defence, said that the arrest was invalid as the accused was not told that he could not drink water.
Mr Dully said: "He was led to believe the observation was over, he was not told anything else. I don't think he is to be blamed for putting water to his mouth."
The court heard how the jockey had been drinking the evening before.
Defence said: "He had been drinking the evening before. He had nothing to eat, he was on his way to attend his uncle's mass. He did not know that he was over the limit."
Judge Bernadette Owens ruled that the arrest was lawful. He is banned from driving for two years.
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