Ireland Longford drunk-in-charge case struck out after jeep could not be driven
Gerard Farrell (50) of Walderstown, Westmeath, was prosecuted for being in charge of a mechanically propelled vehicle with alcohol in his body above the legal limit, measured at 86 microgrammes per 100 millilitres of breath. On March 26, 2023, Garda Claire Hardman found his jeep upside down in a ditch at Gurteen, Ballymahon, Longford, and took him out of the vehicle and to hospital. At Longford District Court, the defence argued that the jeep could not be driven, and the prosecution could not change the charge from Section 5 to Section 4 at that late stage. Judge Bernadette Owens said she had no choice but to strike the matter out, and the outcome was reported on February 2, 2024.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court31 Jan
- Verdict
- Sentenced
Key facts
consolidated from all reports- What happened
- A man accused of drunk in charge of a motor vehicle had the matter struck out at Longford District Court.
- Where
- The incident happened at Gurteen, Ballymahon, County Longford.
- When
- The incident happened on March 26, 2023.
- The outcome was reported by the Longford Leader on February 2, 2024.
- Other details
- The suspect is Gerard Farrell, aged 50, of Walderstown, Westmeath.
- Investigation
- Garda Claire Hardman found Farrell's jeep upside down in a ditch at Gurteen.
- The officer took Farrell out of the vehicle and brought him to hospital.
- Charges
- Farrell was prosecuted for being in charge of a mechanically propelled vehicle with the intent to drive while alcohol above the legal limit was present in his body, measured at 86 microgrammes per 100 millilitres of breath.
- Cause
- A digger driver said the jeep could not be driven out of the ditch without a digger.
- In court
- The defence made an application on a technical point.
- The defence argued that a Section 5 charge requires that the vehicle can be driven.
- The prosecution could not change the charge from Section 5 to Section 4 at that late stage.
- Judge Bernadette Owens said she had no choice but to strike the matter out.
- Sentence
- No sentence was imposed because the charge was struck out.
11 statements extracted from the articles
- whatA defendant accused of drunk in charge of a motor vehicle had the matter struck out at Longford District Court. (longfordleader.ie)
- whereThe incident happened at Gurteen, Ballymahon, Longford. (longfordleader.ie)
- whenThe incident happened on March 26, 2023. (longfordleader.ie)
- investigationGarda Claire Hardman found Farrell's jeep upside down in a ditch at Gurteen. (longfordleader.ie)
- investigationThe officer took the defendant out of the vehicle and brought him to hospital. (longfordleader.ie)
- chargeFarrell was prosecuted for being in charge of a vehicle with the intent to drive while there was alcohol in his body above the legal limit, measured at 86 microgrammes per 100 millilitres of breath. (longfordleader.ie)
- courtThe defence solicitor made an application on a technical point. (longfordleader.ie)
- courtThe defence argued that the Section 5 charge requires that the vehicle can be driven. (longfordleader.ie)
- courtThe prosecution could not change the charge from Section 5 to Section 4 at that late stage. (longfordleader.ie)
- courtJudge Bernadette Owens said she had no choice but to strike the matter out. (longfordleader.ie)
- otherA digger driver said the jeep could not be driven out of the ditch without a digger. (longfordleader.ie)
The reporting
newest first- 31 Jan2024Longford court hears battered jeep could not be driven as drunk in charge case is struck out
Reports the court striking out the drunk-in-charge charge after the defence argued the jeep could not be driven; the prosecution could not change the charge at that stage.
accused, Gerard Farrell, 50, male, named, irish (judged from name)Gerard Farrell