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Judge up on refusing breathalyser charges

  • 28-07-2012 03:29PM
    #1
    RATM
    Closed Accounts Posts: 3,591 ✭✭✭


    I've seen it all now. An Irish Circuit Court judge getting convicted and fined €600 for refusing to do a roadside breathalyser test. And it wasn't the first time he was caught either. Luckily his colleague the District Court Judge let him away with a fine, I had thought that refusing a breathalyser test was akin to admitting guilt for drink driving but clearly I was mistaken :rolleyes:

    http://www.independent.ie/national-news/judge-fined-for-failing-to-give-sample-3182238.html
    A JUDGE has been fined €600 after pleading guilty to failing to provide a sample of his breath at the request of a garda.

    Judge James O'Donohue (54) was convicted at Clifden district court on Thursday.

    The circuit court judge had previously appeared on the same charge in Clifden court in May.

    The court heard that the incident had taken place at Ballyconneely, Clifden, on August 19 last year when a car, driven by Judge O'Donohue, was stopped by Garda Dean Landers.

    Judge O'Donohue was charged that he failed to provide a specimen of his breath when required to do so by Gda Landers, contrary to section 12 (3) of the Road Traffic Acts.

    - Tom Brady


«1

Comments

  • #2
    B.A._Baracus
    Registered Users, Registered Users 2 Posts: 11,309 ✭✭✭✭B.A._Baracus


    So lets be honest. he must of had drunk drivers appearing in his court and sentencing them. But ... different story when he is drunk driving :rolleyes:

    this world is so fucking corrupt.


  • #3
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    RATM wrote: »
    I've seen it all now. An Irish Circuit Court judge getting convicted and fined €600 for refusing to do a roadside breathalyser test. And it wasn't the first time he was caught either. Luckily his colleague the District Court Judge let him away with a fine, I had thought that refusing a breathalyser test was akin to admitting guilt for drink driving but clearly I was mistaken :rolleyes:

    http://www.independent.ie/national-news/judge-fined-for-failing-to-give-sample-3182238.html
    A JUDGE has been fined €600 after pleading guilty to failing to provide a sample of his breath at the request of a garda.

    Judge James O'Donohue (54) was convicted at Clifden district court on Thursday.

    The circuit court judge had previously appeared on the same charge in Clifden court in May.

    The court heard that the incident had taken place at Ballyconneely, Clifden, on August 19 last year when a car, driven by Judge O'Donohue, was stopped by Garda Dean Landers.

    Judge O'Donohue was charged that he failed to provide a specimen of his breath when required to do so by Gda Landers, contrary to section 12 (3) of the Road Traffic Acts.

    - Tom Brady

    He wasn't drunk. Refusing road side breath test is different to refusing to give a sample after you have been arrested on suspicion of drink driving.


  • #4
    JonathanAnon
    Closed Accounts Posts: 23,717 ✭✭✭✭JonathanAnon


    wow that is some disgrace... If Liveline ever decides to start covering things in the 21st century again, I'm sure this will be top of the agenda..


  • #5
    B.A._Baracus
    Registered Users, Registered Users 2 Posts: 11,309 ✭✭✭✭B.A._Baracus


    Motorist wrote: »
    He wasn't drunk. Refusing road side breath test is different to refusing to give a sample after you have been arrested on suspicion of drink driving.


    Do you honestly think the judge was sober?


  • #6
    Pompey Magnus
    Registered Users, Registered Users 2 Posts: 5,406 ✭✭✭Pompey Magnus


    B.A._Baracus wrote: »
    So lets be honest. he must of had drunk drivers appearing in his court and sentencing them. But ... different story when he is drunk driving :rolleyes:

    this world is so fucking corrupt.

    Ah now don't blame the world, not everywhere is as light on wrongdoings by it's social hierarchy as the Repubic of Ireland is.


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  • #7
    SocSocPol
    Closed Accounts Posts: 1,043 ✭✭✭SocSocPol


    Motorist wrote: »
    He wasn't drunk. Refusing road side breath test is different to refusing to give a sample after you have been arrested on suspicion of drink driving.
    In almost all cases refusing to give a sample leads to disqualification.
    But sure the Judges need to look after each other.


  • #8
    Diego Maradona
    Closed Accounts Posts: 769 ✭✭✭Diego Maradona


    He probably couldn't afford a taxi, circuit court judges only earn €160,00 per year.


  • #9
    JonathanAnon
    Closed Accounts Posts: 23,717 ✭✭✭✭JonathanAnon


    B.A._Baracus wrote: »
    Do you honestly think the judge was sober?

    If a judge can use that excuse and get away with it, then it should be the same for everybody else... But it's hardly the first time that the judicial system have looked after themselves really is it?


  • #10
    Yamanoto
    Closed Accounts Posts: 5,489 ✭✭✭Yamanoto


    Motorist wrote: »
    He wasn't drunk.

    Odd course of action then, that he'd find it preferable to have the episode made public, appear before a colleague in the district court and receive a conviction, while parting with €600.


  • #11
    My name is URL
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭My name is URL


    B.A._Baracus wrote: »
    So lets be honest. he must of had drunk drivers appearing in his court and sentencing them. But ... different story when he is drunk driving :rolleyes:

    this world is so fucking corrupt.

    How so? He's subject to the same laws and penalties as everyone else. Of course he should have more cop on being a judge himself, but it's not as if that fact is being used to get him out of trouble. He's been fined and convicted of an offense just as anyone else would be.


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  • #12
    mikemac1
    Closed Accounts Posts: 12,395 ✭✭✭✭mikemac1


    This garda is a legend

    He takes in a circut court judge

    And earlier this year he arrested a county councillor

    Garda Dean Landers and Garda Owen Millar were on routine patrol in the early hours of March 13 when they heard the “roar” of a vehicle revving very loudly in the town centre. They then saw a black Mercedes driving at high speed through the junction of Hulk Street and Bridge Street, without heeding the yield sign.

    They pursued the car, which was travelling in the direction of Ballyconneely, but it took them some time to catch up with it, due to its speed. They saw the same car swerve over the wrong side of the road.

    The vehicle eventually came to a stop at Clifden Community College, and Garda Millar was the first to recognise the car as belonging to the defendant.

    Garda Landers said that after making a number of attempts to take the roadside test, to detect the presence of alcohol, Mr Conneely failed it and was arrested at 4.55am under suspicion of drink driving.
    But wait, there's more
    A former County Councillor who refused to give a breath sample to Gardaí after his arrest on suspicion of drink driving, and asked to speak to the Superintendent “to sort it out”

    Why am I not suprised :rolleyes:

    It's crooked out whest

    Anyway, well done to the young garda, he doesn't take nonsense from anyone


  • #13
    GerM
    Closed Accounts Posts: 5,592 ✭✭✭GerM


    My name is URL wrote: »
    How so? He's subject to the same laws and penalties as everyone else. Of course he should have more cop on being a judge himself, but it's not as if that fact is being used to get him out of trouble. He's been fined and convicted of an offense just as anyone else would be.

    He was convicted and fined. Other people have had their license taken off them for a couple of years and banned from driving. A simple fine for such an incident is a very lenient judgement especially to someone that has a high salary.


  • #14
    opinion guy
    Closed Accounts Posts: 11,000 ✭✭✭✭opinion guy


    So wait,

    Can a judge still be a judge if he is convicted of an offense ??

    Has he now lost his job/career ?


  • #15
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    SocSocPol wrote: »
    In almost all cases refusing to give a sample leads to disqualification.
    But sure the Judges need to look after each other.

    "Under section 12 of the 1994 Road Traffic Act, a garda who is of the opinion that a person “in charge of a mechanically propelled vehicle in a public place” has consumed alcohol, he or she may require that person to provide a specimen through a breathalyser.

    Section 12 (2) of the Act says that a person “who refuses or fails to comply . . . shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000” or the equivalent in euro, or to “imprisonment for a term not exceeding six months, or both”."

    Disqualification is not a penalty.

    If the garda formed the opinion he had alcohol taken, he would have been arrested and would have to give a sample at that stage. Refusal then would lead to disqualfication.


  • #16
    blindsider
    Registered Users, Registered Users 2 Posts: 2,100 ✭✭✭blindsider


    Motorist wrote: »
    "Under section 12 of the 1994 Road Traffic Act, a garda who is of the opinion that a person “in charge of a mechanically propelled vehicle in a public place” has consumed alcohol, he or she may require that person to provide a specimen through a breathalyser.

    Section 12 (2) of the Act says that a person “who refuses or fails to comply . . . shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000” or the equivalent in euro, or to “imprisonment for a term not exceeding six months, or both”."

    Disqualification is not a penalty.

    If the garda formed the opinion he had alcohol taken, he would have been arrested and would have to give a sample at that stage. Refusal then would lead to disqualfication.

    But surely he was arrested - it's usually a precursor to appearing in Court.

    According to the report, he was asked for a sample and refused to provide it, hence the arrest.

    What appears strange though, is the penalty imposed. €600? Nice message to the rest of us - DD will cost you €600 but you keep your licence.


  • #17
    M cebee
    Closed Accounts Posts: 4,431 ✭✭✭M cebee


    seems like he wasn't actually drunk and refused the indignity(cough!) of being bagged


  • #18
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    blindsider wrote: »
    But surely he was arrested - it's usually a precursor to appearing in Court.

    According to the report, he was asked for a sample and refused to provide it, hence the arrest.

    What appears strange though, is the penalty imposed. €600? Nice message to the rest of us - DD will cost you €600 but you keep your licence.

    As far as I am aware, he was taken to the station and a sample was taken. He was not over the limit.

    The €600 he was fined is a substantial penalty for refusing a road side breath test. He was not a drunk driver. It is still serious that a judge refused to give the sample, but not nearly as serious as a judge drunk driving.


  • #19
    woodoo
    Closed Accounts Posts: 5,219 ✭✭✭woodoo


    There is definitely a class of people Ireland that the law doesn't properly apply to. This is a man who has probable handed down bans for drink driving but he thinks its OK for him to drink and drive. Its a joke but sadly its the way it is in Ireland.

    The judge who didn't ban him should be called upon to explain his sentence.

    Somebody call Joe about it on Monday. At least embarrass the two judges involved.


  • #20
    later12
    Closed Accounts Posts: 11,298 ✭✭✭✭later12


    RATM wrote: »
    I've seen it all now.
    Have you seen a pony riding a bicycle?


  • #21
    juan.kerr
    Closed Accounts Posts: 2,766 ✭✭✭juan.kerr


    GerM wrote: »
    He was convicted and fined. Other people have had their license taken off them for a couple of years and banned from driving. A simple fine for such an incident is a very lenient judgement especially to someone that has a high salary.

    Plus it has happened twice now.


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  • #22
    juan.kerr
    Closed Accounts Posts: 2,766 ✭✭✭juan.kerr


    later12 wrote: »
    Have you seen a pony riding a bicycle?

    No, but he saw a mexican prostitute riding a donkey - does that count?


  • #23
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    woodoo wrote: »
    There is definitely a class of people Ireland that the law doesn't properly apply to. This is a man who has probable handed down bans for drink driving but he thinks its OK for him to drink and drive. Its a joke but sadly its the way it is in Ireland.

    The judge who didn't ban him should be called upon to explain his sentence.

    Somebody call Joe about it on Monday. At least embarrass the two judges involved.

    That penalty is not allowed under law. He wasn't drunk driving.


  • #24
    johngalway
    Closed Accounts Posts: 10,271 ✭✭✭✭johngalway


    mikemac1 wrote: »
    It's crooked out whest

    You can say that again.


  • #25
    randylonghorn
    Registered Users, Registered Users 2 Posts: 29,509 ✭✭✭✭randylonghorn


    RATM wrote: »
    And it wasn't the first time he was caught either.
    Um ... where does it say that?


  • #26
    tayto lover
    Registered Users, Registered Users 2, Paid Member Posts: 57,077 ✭✭✭✭tayto lover


    That Garda will probably suffer by being transferred to the a*** hole of Ireland for doing his job. Ireland is a land of hypocrites who think they are above the law.
    I remember the late Brian Lenihan Snr on the Late Late Show many years ago telling a story about himself and a number of politicians in a pub late at night when a young Garda entered and demanded their names. Lenihan told Gay Byrne and the audience that he asked the young Garda if he wanted "a pint or a transfer". This was greeted by howls of laughter.
    Things don't seem to have changed much.


  • #27
    squod
    Closed Accounts Posts: 8,702 ✭✭✭squod


    Motorist wrote: »
    As far as I am aware, he was taken to the station and a sample was taken. He was not over the limit.

    What was the time frame in all of this anyone know? Sitting some lad ina station for three hours will only make him less drunk.


  • #28
    woodoo
    Closed Accounts Posts: 5,219 ✭✭✭woodoo


    tayto lover wrote: »
    Lenihan told Gay Byrne and the audience that he asked the young Garda if he wanted "a pint or a transfer". This was greeted by howls of laughter.
    Things don't seem to have changed much.

    Just shows how crooked this country was/is. We have moved a bit since then as i just couldn't imagine a politician today saying it. But we still have a very very long way to go to get rid of that mindset.

    Its still alive and well in Tipperary when 14,000 hicks will vote a crook into office.


  • #29
    Motorist
    Banned (with Prison Access) Posts: 892 ✭✭✭Motorist


    squod wrote: »
    Motorist wrote: »
    As far as I am aware, he was taken to the station and a sample was taken. He was not over the limit.

    What was the time frame in all of this anyone know? Sitting some lad ina station for three hours will only make him less drunk.

    His refusal to do road side test would not have had impact on that. Road side test is just a screen, positive or negative to determine if further testing is needed.


  • #30
    Colmustard
    Closed Accounts Posts: 1,836 ✭✭✭Colmustard


    I am just curios as to what the law is, I to thought a refusal is an admission of guilt, but obviously not. Does anyone know.


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  • #31
    tuxy
    Closed Accounts Posts: 14,980 ✭✭✭✭tuxy


    Refusing to give a sample is not an admission of guilt it is a separate offence. It normally has a harsher penalty than conviction of drink driving.


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