Sister calls gardai after finding her sibling drunk at the wheel in County Limerick

A WOMAN who rang the gardai after finding her sister drunk behind the wheel said it was the “hardest thing I ever had to do”.

Eleanor Hogan said Anne O’Grady could have “wiped out somebody’s family”.

Ms O’Grady, aged 55, of Gortaclareen, Oola pleaded not guilty to being in charge of a vehicle while under the influence of an intoxicant, and failing/refusing to provide a breath specimen.

Garda Brian McNamara said he attended the scene of an incident at Main Street, Oola at 3.30pm on Thursday, April 5, 2018.

“A Nissan Qashqai was stopped at the junction of Cullen Road and Main Street. There was a lady in the driver’s seat who I later established was Anne O’Grady. I also met Eleanor Hogan who said she was a sister of Anne O’Grady.

“Ms Hogan outlined to me that she had earlier observed her sister driving in Oola. Ms Hogan informed me Ms O’Grady was drunk. She took the keys of the car and contacted gardai. I established from Ms Hogan that Ms O’Grady was driving at 2.31pm,” said Garda McNamara.

The former Murroe-based garda said Ms O’Grady’s eyes were glazed, speech was slurred and he detected a “strong smell of alcohol”.

He said he arrested the defendant at 3.40pm.

“I was at the scene on my own in a Ford Transit van. I decided it was not to safe to transport her in a van, which is designed for prisoners, due to her intoxication.

“I called for assistance and a patrol car arrived. We arrived in Bruff garda station at 4.25pm,” said Garda McNamara, who introduced Ms O’Grady to Garda Geraldine McCarthy, who is trained to use the intoxalyser machine.

After the 20 minutes waiting period he accompanied Ms O’Grady and Garda McCarthy to where the machine is kept.

“I ordinarily wouldn’t have gone in but I did so on this occasion due to the condition of Ms O’Grady,” said Garda McNamara.

He said Garda McCarthy informed Ms O’Grady that she required two specimens of breath and opened a sealed mouthpiece.   

“Ms O’Grady made three attempts to provide a specimen but on each occasion she failed to provide a complete sample,” said Garda McNamara.

Colin Morrissey, solicitor for Ms O’Grady, asked if his client tried to give a sample or if she refused.

“She did try,” said Garda McNamara.

Mr Morrissey asked if any inquiries were made why she wasn’t able to give a breath sample.

“She didn’t indicate any issues to me,” said Garda McNamara.

Kilmallock Court heard that a doctor was called but as she would not have arrived in the “three hour timeframe” to take a sample they were cancelled.

Mr Morrissey asked about the delay in taking Ms O’Grady from Oola to Bruff. Garda McNamara said he didn’t put Ms O’Grady in the back of the garda van for her own safety as she “could barely walk”.

Mr Morrissey asked why he didn’t bring Ms O’Grady in the front seat.

Garda McNamara said she could have been injured and it was dangerous for him as well because she was “very unsteady”. He said the best course of action was to call for a patrol car.

Mr Morrissey said he could have put handcuffs on Ms O’Grady and fastened the safety belt.

“Handcuffs were not going to help. I liked her, she was very obliging, I didn’t want to handcuff her,” said Garda McNamara.

Mr Morrissey said the delay taking her to Bruff was an “unreasonable detention” and his client “ran out of time” for the doctor to be called because of it.

Eleanor Hogan said she was travelling to Doon when she spotted her sister in Oola.

She said the defendant was only four feet from the stop line to drive onto the main road. Ms Hogan said her sister was “seriously intoxicated”.

“She didn’t know who I was. I took the keys from the ignition. I gave out to her. I said, ‘You’re drunk, you’re going to kill somebody’. I couldn’t get her out. She tried to stick a pen in the ignition.

“She could have wiped out somebody’s family. That’s why I rang the gardai. It’s the hardest thing I’ve ever had to do,” said Ms Hogan.

Citing case law, Mr Morrissey said the charges against his client should be struck out on a number of grounds.

The solicitor said there was “unreasonable detention” in Oola while awaiting for the patrol car to come. Mr Morrissey said his client should have been asked by gardai if there was a “special or substantial reason” for not providing a breath sample.

Lastly, he said gardai were entitled to detain Ms O’Grady until a sample was taken and his client was “prejudiced” by cancelling the doctor. The State opposed all three points.

Judge Marian O’Leary adjourned the case to consider Mr Morrissey’s arguments. In Kilmallock Court this month, the judge said she didn’t hold with any of Mr Morrissey’s points and Ms O’Grady has a “case to answer”.

Mr Morrissey said his client had recently been diagnosed as an asthmatic and used inhalers.

He said his client suffered from chest infections and this was a “special or substantial reason” for Ms O’Grady not providing a breath sample despite trying to do so.

Sergeant Michelle Leahy said there was no evidence to show an illness on the day of the arrest and the obligation is on the defendant to provide a reason why they can’t give a breath sample.

Judge O’Leary held with the State and found Ms O’Grady guilty of being in charge of a vehicle while under the influence of an intoxicant, and failing/refusing to provide a breath specimen.

In mitigation, Mr Morrissey said his client is a 55-year-old lady with no previous convictions.

“She is a mother of two adult children who resides in Oola. She will have to make arrangements in relation to her employment,” said Mr Morrissey.

Judge O’Leary fined Ms O’Grady €500 and disqualified her from driving for four years on each charge. The driving ban is concurrent.

Recognisance was fixed in the event of an appeal.