Jail for van driver who sped away from gardaí

A MAN, who drove away from gardaí after his van was initially stopped, is set to appeal a six-month prison sentence for dangerous driving.

Declan Dolan (41), with an address at Liscumaskey, Smithboro, Co Monaghan, unsuccessfully contested charges alleging that he failed to comply with a requirement to give a roadside sample and driving with excess alcohol in his system at Moraghy, Monaghan Road, Castleblayney on November 22, 2024.

Dolan was also charged with dangerous driving at Moraghy, as well as at Muldrummond, Castleblayney on the same date.

Garda Lisa Grant told a recent sitting of Monaghan District Court that, at 9:30pm on the Friday in question, she saw a white Toyota Proace van being driven on McGrath Road, Castleblayney. It failed to maintain lane discipline and was swerving over and back on the road. She signalled for the van to stop, and it did so at Castleblayney’s Ballybay Road.

On speaking to the driver, Declan Dolan, the garda said she noted a strong smell of intoxicating liquor from his breath and that she informed him of her opinion that he had consumed an intoxicant. She made a requirement from him to provide a specimen of his breath.

Gda Grant said she also told Dolan that she wanted him to wait for a few minutes until a ‘Dräger’ breathalyser could be brought to the scene. Mr Dolan stated that he understood and remained parked on the hard shoulder.

Another patrol car arrived with the intoxilyser but Gda Grant said, as she walked back towards Dolan’s van, he took off at high speed with his tyres screeching.

Both patrol cars followed the van and, again, signalled for it to stop. It did stop but then attempted to reverse into her colleague’s patrol car, which was behind it. The court heard that Dolan was highly aggressive and abusive and he was arrested at 9:50pm for dangerous driving.

Gda Grant said he continued to be aggressive and was brought to Castleblayney Garda Station, arriving at around 10pm. At 10:38pm, a nurse arrived at the station, and a specimen of urine was provided at 10:58pm.

The garda said she kept personal possession of this and posted it to the Medical Bureau of Road Safety the following day.

Gda Grant, in response to Inspector Declan McGarvey, prosecuting, said there had been a delay of about five minutes before her Garda colleague arrived with the roadside breathalyser.

She confirmed to the inspector that the urine sample taken at the station ultimately showed a level of 102mg of alcohol per 100ml of urine (the legal limit being 67mg).

Replying to Breffni Gordon, BL defending, Gda Grant confirmed that she told Dolan he had to stay while she was awaiting on the arrival of the breathalyser. She said she explained to him that he was obliged to remain at the scene for up to one hour.

Having confirmed that his client appeared dishevelled, his speech slurred, and that there was a smell of alcohol from him, Mr Gordon asked the garda why she did not simply arrest him on that basis.

Garda Grant explained there was another passenger in the vehicle and she wanted to make sure the smell of intoxicating liquor was emanating from the driver.

Mr Gordon also put it to the witness that his client could not comply with the roadside requirement because the garda did not have the apparatus in her possession at the time she made the requir ement.

He again put it to her that she could have arrested the defendant on the basis of her observations.

In making his submission to the judge, Mr Gordon said that, while the garda had given her evidence honestly, it was unreliable for a variety of reasons.

Applying for a dismissal, counsel argued to Judge Ciaran Liddy that his client could not have complied with a requirement to breathe into apparatus that the garda did not have at the time.

Inspector McGarvey pointed to a section of the Road Traffic Act 2010 that allows a garda to require a person to remain at the scene for up to one hour until such an apparatus becomes available.

In making his ruling, Judge Liddy conceded to counsel that a certain number of variations had emerged in Gda Grant’s evidence when she was “tested robustly”.

However, the court was of the view that the garda was thorough in her observations before making a requirement for a roadside sample. He also noted that the defendant was initially arrested for dangerous driving and only on suspicion of drink driving. He therefore had a case to answer, the judge ruled.

Mr Gordon described his client was a married man with three very young children whose job involved visiting sites at his company and for which he needed a driving licence.

He had, heretofore, an unblemished record, but the inevitable disqualification would amount to a very significant sanction against Dolan. The court was asked to take this into account when deciding on a penalty.

Commending Gda Grant on being so “steadfast” in bringing the defendant to justice, Judge Liddy said she had been faced with quite challenging circumstances on the night in question.

He said that the defendant’s attempt to “evade the gardaí” and the reversing manoeuvre had put them “at risk”.

Judge Liddy considered what had happened as being at “the extreme end” of what the District Court would ordinarily deal with. The judge remarked that Dolan was fortunate he hadn’t been charged with reckless endangerment.

In that regard, the judge imposed a conviction and six month prison term for the dangerous driving at Muldrummond, Castleblayney, together with the mandatory two-year driving disqualification.

For driving with excess alcohol at Moraghy, Castleblayney, a concurrent one-year ban was given, as well as a €500 fine.

The remaining counts of failing to provide a roadside sample and dangerous driving at Moraghy were taken into consideration.

Recognisances were fixed in the event of appeal at €200 in the defendant’s own bond.

Mr Gordon indicated that the ruling would indeed be appealed.