A Co Monaghan housewife, who was found trapped in an overturned car, was convicted on a charge of driving while drunk at Carrickmacross District Court yesterday, although a certificate from the Medical Bureau for Road Safety indicated she had an alcohol level which was below the legal limit.
Mrs Mary Boyle, a mother of five, Sacre Coeur, Lurgans, Carrickmacross, was fined €500 and banned from driving for two years. She was also ordered to pay €682 witnesses expenses.
Mr Ken Connolly, defending, unsuccessfully urged Judge Flann Brennan to dismiss the prosecution on the grounds that Mrs Boyle was found to be within the legal limit.
Mr Owen Sherry, a newspaper delivery van driver, told the court he came on the accused's vehicle overturned on the main Dublin/ Derry road at 6.10 a.m. and used a knife to sever a seatbelt by which she was trapped inside. She was badly shaken and feared the car might go on fire.
Garda Valerie Campion, Carrickmacross, said when she arrived Mrs Boyle was in a distressed state, with some signs of bleeding from her head. "Her eyes were bleary and she smelled strongly of alcohol."
In reply to Garda Insp Jim Marks, Carrickmacross, prosecuting, Garda Campion said the accused was treated at Our Lady of Lourdes Hospital, Drogheda.
The garda said that after speaking to the doctor in charge she arranged for a Garda doctor to be called to take a blood or urine specimen from the accused at the hospital. The subsequent result showed an alcohol reading of 77 mg of alcohol per 100 ml of blood which was within the legal limit for driving.
The judge said despite the challenge by the defence and taking all the evidence into account, he felt he had to convict in the case.