Case No. 15906Refusing to give a breath sample · Co. Tipperary · 7 Jan 2024

Clonoulty woman fined for refusing breath sample at Thurles

Nora Maher (63) of Churchquarter, Clonoulty, County Tipperary, was arrested on January 7, 2024, after gardaí responded to a car parked in the middle of the road at Loughtagalla, and she was later charged following a doctor's blood or urine test after her breath attempts failed. At Thurles District Court her defence said she had not refused but could not give a second sample because of lung capacity and health problems, and the judge found the conduct was a refusal. In October 2024 the judge fined her €150 with 12 months to pay and disqualified her from driving for four years.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Verdictnot reported
  6. Sentenced2 Oct
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Nora Maher, a 63-year-old woman, was convicted of refusing to give a breath sample.
Where
  • Maher is from Churchquarter, Clonoulty, County Tipperary.
  • Gardaí responded to a car parked in the middle of the road in Loughtagalla, causing an obstruction, with its engine running.
When
The refusal happened on January 7, 2024, at Thurles Garda Station.
Investigation
  • A garda formed the opinion that Maher was intoxicated to the extent she could not control the vehicle and arrested her.
  • A garda said Maher gave three feeble attempts at the breath test, while another account said she made little attempt on the second, third and fourth attempts before the machine timed out.
  • A doctor carried out a blood or urine test after the breath attempts failed.
Charges
Maher was charged after the doctor's testing.
In court
  • The defence said Maher had not refused but was unable to provide a second sample, and Maher said her poor lung capacity and health issues prevented her giving one.
  • The prosecution said a summons was not issued on the blood sample due to human error.
  • The judge said the court had no doubt the conduct was a refusal.
Sentence
  • The judge fined Maher €150 with 12 months to pay.
  • Maher was disqualified from driving for four years.
15 statements extracted from the articles
  • whatNora Maher was convicted of refusing to give a breath sample. (tipperarylive.ie)
  • whereThe defendant is from Churchquarter, Clonoulty. (tipperarylive.ie)
  • whereGardaí responded to a car parked in the middle of the road in Loughtagalla. (tipperarylive.ie)
  • whenThe refusal happened on January 7, 2024. (tipperarylive.ie)
  • investigationA garda formed the opinion the defendant was intoxicated to the extent she could not control the vehicle and arrested her. (tipperarylive.ie)
  • investigationThe defendant made little attempt on the second, third and fourth breath attempts before the machine timed out. (tipperarylive.ie)
  • investigationA garda said the defendant gave three feeble attempts at the breath test. (tipperarylive.ie)
  • investigationA doctor carried out a blood or urine test after the breath attempts failed. (tipperarylive.ie)
  • chargeThe defendant was charged after the doctor's testing. (tipperarylive.ie)
  • courtThe defence said the defendant had not refused but was unable to provide a second sample. (tipperarylive.ie)
  • courtThe defendant said her poor lung capacity and health issues prevented her from giving a sample. (tipperarylive.ie)
  • courtThe prosecution said a summons was not issued on the blood sample due to human error. (tipperarylive.ie)
  • courtThe judge said the court had no doubt the conduct was a refusal. (tipperarylive.ie)
  • sentenceThe judge fined the defendant €150 with 12 months to pay. (tipperarylive.ie)
  • sentenceThe defendant was disqualified from driving for four years. (tipperarylive.ie)

The reporting

newest first
  1. 2 Oct2024
    Driver who refused to provide a breath sample tells Tipperary court she tried her best

    Court report of the conviction and sentence. It gives the defence account that the defendant could not provide a second sample because of lung capacity and health problems, and the judge's finding that it was a refusal.

    convicted, Nora Maher, 63, female, named, irish (judged from name)Nora Maher