Music was ‘blaring’ from car at 11pm on Dublin Street
Stock image via iStock
A NEPALESE man who sat in his car with the ignition on while intoxicated received a two-year driving disqualification at Carlow District Court recently.
Garda Hennessy said he had received a report of music ‘blaring’ from a parked car on Dublin Street, Carlow on Monday 2 February at 11pm. He found a Toyota car stationary but running in a bay, with two occupants, including the defendant, Bishna Sapkota (28) of 19 Dublin Street, Carlow. He said he spoke to the driver, who produced a provisional licence, and formed the opinion that Mr Sapkota had consumed an intoxicant.
He requested that Mr Sapkota undergo a breathalyser test, which resulted in a failed test. Garda Hennessy arrested him under section 5 of the at 11.09pm. After a 20-minute observation, the doctor took another two breath specimens. The result was a reading of 48mg of alcohol per 100mg of breath. Mr Sapkota was then charged with the offence.
Under cross-examination by defence solicitor Tertius van Eeden, Garda Hennessy said Mr Sapkota was fully compliant, that he didn’t get any information about the second male in the car, except that he was a flatmate, and said he did not observe any alcohol in the vehicle.
Mr Sapkota then gave evidence that he had been at work all day, returned home and had several beers. He spoke to his roommate, who is a mechanic, and the pair went to the car to check it as he was planning to buy spare parts the next day. They had turned on the ignition to look at the heater and the music had turned on. They were “relaxing”, he said, but had no intention of going anywhere.
When asked why they did this in the middle of the night, Mr Sapkota said they were both working late, were friends and had stopped checking everything and were just listening to music.
Mr Van Eeden argued that the state had not proved that Mr Sapkota intended to drive. He said his client was originally from Nepal, has been living here for four years, is married and in full-time employment.
Judge Geraldine Carthy pointed out a discrepancy in the defendant’s evidence, reading out a letter handed in by Mr Sapkota on the first court date, which stated that they stayed in the car to stay warm.
She fined the defendant €700 and disqualified him from driving for two years.
