Limerick motorist whose tax was 'out of date' facing ban for drink-driving

A GARDA discovered a Limerick motorist was over the legal alcohol limit after his attention was drawn to an out-of-date tax disc, a court has heard.

Shane Kelly, aged 46, of Lower Mauricetown, Ballagh, County Limerick before Newcastle West Court accused of drink driving at Mountplummer, Broadford on September 3, 2022.

Garda Errol Flynn said he was on duty in Broadford when he observed a vehicle at 6.40pm.

“The tax was out a considerable period of time. I indicated for the vehicle to stop. I spoke to the driver. I demanded production of his driving licence. I got a strong smell of alcohol from him. His speech was slurred and and eyes were glazed. I formed an opinion he had consumed alcohol,” said Garda Flynn.

The court heard that the defendant failed a roadside breath test and was then arrested on suspicion of drink driving.

Mr Kelly was conveyed to Rathkeale garda station where he gave a reading of 51mgs of alcohol per 100mls of breath.

GAA accused of 'losing the plot' with TV blackout of epic Limerick hurling clash

Inspector Gearoid Thompson, prosecuting, said Garda Flynn detected one matter which caused him to form an opinion thereafter.

Charlie O’Connor, solicitor for Mr Kelly, asked Garda Flynn if his client co-operated fully.

“He was co-operative at all times,” said Garda Flynn.

Mr O’Connor said the reading was in the “low category”.

“It was out of character. His licence is essential to him and this will have terrible consequences to his employment. He drives in rural areas. The consequences are substantial,” said Mr O’Connor, who asked for the maximum postponement of a driving ban so his employer can get a new employee.

Judge Carol Anne Coolican convicted and fined Mr Kelly for drink driving. The judge disqualified him from driving for two years and imposed a fine of €500.

The commencement of the driving ban was postponed until November.

Recognisance was fixed in the event of an appeal.