Drunk driver in Limerick Court claimed he was starting car engine to warm it up

A MAN prosecuted by gardai for drink driving on April Fool’s Day said he was just warming his car engine because it was a frosty night, Newcastle West Court heard.

Mykolas Antanaitis, aged 59, of Old Christ Street, Abbeyfeale, pleaded not guilty to drink driving at Old Church Street, Abbeyfeale. His solicitor said he lived right across the road, had his slippers on, a short sleeved T-shirt and tracksuit bottoms.  

On April 1, 2018, Garda Enda Moroney said he was in a patrol car driving down Old Church Street in Abbeyfeale.

“I observed a white Citroen van attempting to reverse and then drive forward. It was a no entry zone. When I spoke to him I noticed a strong smell of intoxicating liquor coming from his breath,” said Garda Moronoey.

Mr Antanaitis failed a roadside breath test, was arrested on suspicion of drink driving at 8.20pm and conveyed to Newcastle West garda station.

Garda Moroney said they used a Lithuanian intrerpreter on the phone to explain what was happening to the defendant.

Garda Moroney said the intoxilyzer machine “basically didn’t work”. Mr Antanaitis was returned to the public office at 9.47pm and a doctor was called for. At 10.44pm the doctor came and took a urine sample which showed 270mgs of alcohol and 100mls of urine.

Michael O’Donnell, solicitor for Mr Antanaitis, asked Garda Moroney if he remembered what the weather was like.

Garda Moroney said he had no recollection.

Mr O’Donnell said it was a cold night about minus one or two.

Mr O’Donnell asked the garda if he recalled what Mr Antanaitis was wearing. 

Garda Moroney said no. Mr O’Donnell said his client had his slippers on, a short sleeved T-shirt and tracksuit bottoms.  

Mr O’Donnell put it to Garda Moroney that Mr Antanaitis lived across the road. Garda Moroney agreed.

“My client will say he was not driving. He will say it was a frosty, cold night and he was starting the engine to warm it up so it would work in the morning. He was worried it wouldn’t start,” said Mr O’Donnell.

Garda Moroney said Mr Antanaitis was driving towards him.

The solicitor said his client has “practically no English”. After the intoxilyzer failed, Mr O’Donnell said an interpreter was not used to inform Mr Antanaitis what was happening next and he “was left sitting there with no explanation”.

Garda Moroney said his role in proceedings had concluded at this point.

The next person to give evidence was Garda Senan Dormer, the member in charge on the night. He said Mr Antanaitis had broken English but he “understood” when Garda Dormer told him the doctor was coming. Garda Dormer said Mr Antanaitis told him he had drank some spirits and answered other questions.

Garda Dormer said Mr Antanaitis was wearing a dressing gown as well as a T-shirt, tracksuit bottoms and slippers.

Mr O’Donnell asked if he had any money on his person. Garda Dormer said no, just a set of car keys.

Mr O’Donnell asked Judge Mary Cashin for the matter to be struck out due to “unlawful detention”. He said no interpreter was used to inform Mr Antanaitis that a doctor was coming.

“It should have been translated to him. The interpreter had been used previously,” said Mr O’Donnell.

Inspector Andrew Lacey said there was no issue of “unlawful detention” because Mr Antanaitis was informed a doctor was coming and while he did have broken English he did give information to Garda Dormer.

Judge Cashin didn’t hold for Mr O’Donnell.

Mr Antanaitis took the stand and with the assistance of an interpreter gave evidence. Mr O’Donnell asked him was it his intention to go somewhere?

“No, just to heat up the car because if I didn’t I wouldn’t be able to start it in the morning,” said Mr Antanaitis, who added that he was wearing a T-Shirt, tracksuit pants and slippers on the “very cold night”.

He denied reversing or driving the car.

Insp Lacey asked Mr Antanaitis what time he was going to work at?

“7.30am,” he said.

“It is 11 hours before you were going anywhere. Was it not a bit early to warm up the engine?” asked Insp Lacey.

Mr Antanaitis said: “I don’t know. I’m used to it.”

Insp Lacey put it to him that Garda Moroney said he was driving.

“No,” said Mr Antanaitis.

Judge Cashin asked him what time he started drinking at?

“Around 4pm or 5pm. I had two or three glasses of red wine,” said Mr Antanaitis.

In summing up, Mr O’Donnell said there was a conflict between the garda and his client. 

“My client was wearing a T-shirt, tracksuits bottoms and slippers. He had no money. He says he was warming up his car,” said Mr O’Donnell, who asked for the charge to be struck out as there must be a “doubt”.

Insp Lacey said Garda Moroney gave clear evidence that he saw the defendant driving backwards and forwards.

In her determination, Judge Cashin did mention Mr Antanaitis’ attire on the night and the fact he had no money on his person.

“I accept Garda Moroney’s evidence. The defendant admitted to drinking on the day. I am satisfied it is safe to convict,” said Judge Cashin.

Mr O’Donnell said his client was labourer and a hard-working man,

Judge Cashin imposed a three year driving ban and a fine of €350.

Recognisance was fixed in the event of an appeal.