'Arrogant' driver fined €600 and disqualified

A judge has branded a 65-year-old doctor who was arrested on suspicion of drink-driving as "arrogant" as he banned him from driving…

A judge has branded a 65-year-old doctor who was arrested on suspicion of drink-driving as "arrogant" as he banned him from driving for two years.

Judge Tom O'Donnell made his comments at Limerick District Court where Dr Richard O'Flaherty was charged with failing to provide gardaí with a breath sample.

Dr O'Flaherty, who is a former member of the Mid-Western Health Board, also faced a charge of careless driving in Limerick city centre in the early hours of August 26th, 2003.

In the case, which was contested by Dr O'Flaherty, gardaí gave evidence that the defendant's car was observed at traffic lights at the junction of O'Connell Street and Sarsfield Street shortly before 4 a.m.

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The car was parked in a diagonal position across the stop sign, and gardaí decided to follow the vehicle in a marked patrol car.

They followed the defendant as he turned right into O'Connell Street and saw him drink from a mug in his right hand, the court heard.

The car swerved left without any indication into Cecil Street, and at this point the patrol car put on its flashing blue light and pulled over the defendant to the side of the road.

Garda Niall Hayes told the court that when the defendant stepped out of the car he appeared to stumble, and his speech was incoherent. He was arrested on suspicion of drink-driving and taken to Henry Street Garda station.

At the station, Dr O'Flaherty twice refused to go to the intoxylyser room to provide a breath sample, and notes were made of the defendant's comments to gardaí, the court heard.

Mr David Sutton, defending, told the court that his client had been prepared to provide a blood or urine sample, but gardaí had been unable to find a doctor to carry out the test.

While he was detained at the Garda station, the defendant took a call from his wife who advised him to remain calm as he had nothing to hide, the court heard.

Mr Sutton said that shortly after Dr O'Flaherty was released from custody he went straight to the Mid-Western Regional Hospital where a blood test was carried out and found no trace of alcohol in his system.

In the witness box, the defendant said that he rarely drank alcohol, and there was no possibility of any alcohol in his system. "I had nothing to hide. I was willing to provide a blood or urine sample," he said.

During the three-hour hearing, Judge O'Donnell dismissed an application to throw out the case on the basis of alleged unlawful arrest and said the defendant had a prima-facie case to answer.

In reaching his verdict, Judge O'Donnell said the case was one of the most peculiar he had ever dealt with at Limerick District Court.

The judge said he found the defendant's display of arrogance and his remarks to gardaí "totally uncalled for, unnecessary and unbecoming to say the least".

"It's absolutely sad that he did not heed his wife's call to remain calm.

"The reality is that, whether he was under the influence or not, if he had reflected better he would not be here today, and the prosecution would not have happened," said Judge O'Donnell.

He fined Dr O'Flaherty €600 and imposed a mandatory disqualification from driving for two years.