Nap at service station costs defendant driving ban by Carlow court
Carlow Courthouse Photo: Michael O'Rourke
A THREE-hour drunken nap at a Killeshin service station resulted in a drink-driving conviction and two-year driving suspension for a County Carlow man.
Pauric Cummins (37) of 34 Mullaunmore, Ballon was found intoxicated and sleeping in his vehicle on the evening of 18 January 2025 by Garda Diarmuid Ryan. CCTV shown to the court showed the defendant entering the Applegreen forecourt at 7.07pm that evening. He entered the shop and returned to his car several minutes later and the vehicle did not move for another three hours.
Garda Ryan approached the vehicle at around 10pm and woke Mr Cummins up. He noticed the keys were in the ignition of the car, but the lights were off. He said he quickly formed the opinion that the defendant had consumed alcohol, judging by the smell of alcohol in the vehicle, the defendant’s slurred speech and the presence of beer cans in the front seat. He arrested him on suspicion of drink-driving and brought him to Portlaoise Garda Station. Subsequent blood alcohol tests showed Mr Connors had a reading of 149mg of alcohol per 100ml of blood.
Solicitor Joseph Farrell told Garda Ryan that he was impressed by his detailed notetaking, saying: “They’re probably the most comprehensive notebook evidence that I’ve ever seen.”
He applied to have the case struck out because of a difference in the addresses between the summons sheet and the evidence of Garda Ryan as to where the arrest took place.
Insp Conor Nolan noted different colloquial names for the roundabout and said the accused had sufficient knowledge of the location to mount a defence. Judge Carthy did not approve the application to dismiss. Neither did she approve Mr Farrell’s application to dismiss the case on his argument that the defendant lacked the intention to drive. “Surely he would have done it within the first three hours,” he had argued.
Judge Carthy was satisfied based on previous case law that the law presumes an intention to drive unless the defendant proves it to the contrary.
Insp Nolan outlined Mr Cummins’s five previous convictions and it was accepted by the court that these were from over ten years ago. Judge Carthy noted the luck of the defendant that his blood alcohol was under 150mg, a level which, if reached, would have led her to impose a three-year driving disqualification.
In the end, she fined Mr Cummins €300 with 90 days to pay and disqualified him from driving for two years.
Mr Farrell asked the court to fix recognisance for the defendant, which was agreed on a €500 bond.
