Man found 150ft away from crashed car on motorway escapes drink driving ban on appeal
A 37-year man found unsteady on his feet and with slurred speech by gardaí 150 feet away from his crashed car on a motorway has escaped a drink driving ban on appeal.
At Ennis Circuit Court, Judge Francis Comerford found that Setanta Helferty’s proximity to his car was not sufficient proof beyond reasonable doubt to say that he was driving his car.
At the district court, Mr Helferty of Bruach Na Habhainn, Quin Rd, Ennis, received a three year driving ban and was fined €200 after being convicted of drink driving at Kilbreckan, Ennis on the M18 motorway on March 31st, 2023.
At Mr Helferty’s appeal hearing at the circuit court, Garda Cyril Page told the court that Mr Helferty’s alcohol reading was 221 mg of alcohol per 100ml of urine – which is more than three times the legal limit of 67 mg of alcohol per 100ml of urine for experienced drivers.
At the scene just after 11:50pm, Garda Page stated that Mr Helferty told him that he had been out drinking with friends.
Garda Page…
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