Case No. 30977Driving with excess alcohol · Co. Kildare · 13 Sep 2021

Man fined and disqualified after telling garda no need for alcohol test at Kildare checkpoint

Alan Cullen, 37, of Carlow, was fined €500 and disqualified from driving for three years at Naas District Court on 23 March 2022 after failing a breath test at a checkpoint at Ballyroe, Kildare, on 13 September 2021. He had told the garda there was no point in testing because he had consumed ten pints.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In courtnot reported
  5. Verdictnot reported
  6. Sentenced1 Apr
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
14 statements extracted from the articles
  • whatThe defendant was driving a van when he arrived at a checkpoint at Ballyroe on September 13 at 11:54pm. (kildarenow.com)
  • whatThe defendant was the sole occupant of the vehicle. (kildarenow.com)
  • whatThe defendant said there was no point in doing a test because he had been drinking since he finished work and had had 10 pints. (kildarenow.com)
  • whatThe defendant failed a roadside breath test. (kildarenow.com)
  • whatA breath sample at Athy garda station returned a reading of 81 milligrams of alcohol per 100 millilitres of breath. (kildarenow.com)
  • courtDefending solicitor Ian McSweeney argued the case should be dismissed because there was no evidence the garda asked when the defendant had his last drink. (kildarenow.com)
  • courtMcSweeney contended there was no evidence of an opinion being formed that the defendant had consumed alcohol to an extent to prevent him having control of a vehicle. (kildarenow.com)
  • courtMcSweeney contended one of the times on the document authorising the checkpoint was not sufficiently clear. (kildarenow.com)
  • courtJudge Desmond Zaidan did not hold with the defence. (kildarenow.com)
  • sentenceThe defendant was fined €500. (kildarenow.com)
  • sentenceThe defendant was disqualified from driving for three years. (kildarenow.com)
  • sentenceThe start of the disqualification was postponed for six months. (kildarenow.com)
  • otherThe garda said the defendant was cooperative at all times. (kildarenow.com)
  • otherThe defendant is self-employed. (kildarenow.com)

The reporting

newest first
  1. 1 Apr2022
    Man stopped at Kildare checkpoint told garda no need for test because he'd had 10 pints

    Court outcome: fined €500, disqualified for three years with the start postponed for six months. Defence arguments on procedure were rejected by Judge Desmond Zaidan.

    convicted, Alan Cullen, 37, male, named, irish (judged from name)Alan Cullen