A MOTORIST who was arrested on suspicion of drink driving told gardai he was suffering from cancer and would not live to see the court date.
Limerick Court was told Ivan Richardson, aged 36, of Kilmurray Road, Garryowen made his comments following his arrest on May 7, 2012.
Richardson, who pleaded not guilty to the charge, was arrested by Garda Andrea Cullen, Roxboro, at Colbert Avenue Janesboro at 1.04am.
Garda Cullen said when she encountered him, Richardson was sitting in a black Mazda car which had been reported stolen a short time earlier.
Following his arrest, the defendant was taken to Henry Street garda station.
While he was detained there, Garda Shane Hayes conducted an intoxilyser breath test, which showed Richardson was more than three times the legal alcohol limit.
In his evidence, Garda Hayes said before he conducted the breath test, the defendant informed him he was suffering from cancer.
“He said I just have cancer and I probably won’t be here by the time it gets to court,” Garda Hayes told the court.
Solicitor John Devane, representing Ivan Richardson, sought to have the charges dismissed citing differences between the garda evidence and the statements they had made prior to the hearing.
Mr Devane also criticised the garda custody record claiming some of the times relating to his client’s detention were inaccurate.
However, Judge Aeneas McCarthy refused the application saying there was a Primia Facia case.
As Richardson, who has two previous convictions for minor road traffic offences, did not give evidence during the hearing, the judge proceeded to convict him of the charge.
He imposed a €300 fine and because the defendant was a provisional driver at the time he disqualified him from driving for three years.