Careless driving conviction for man who sped through Callan garda checkpoint

A motorist who sped through a garda check point without slowing down has been convicted of careless driving and drunk driving, at Kilkenny District Court.

The incident happened on the Callan by-pass on the night of June 12, 2021.

Thomas Purcell, Ballyfrunk, Kilmanagh, Kilkenny, was initially charged with dangerous driving, which was contested. He was convicted of the lesser charge of careless driving, after evidence was heard. He did not offer evidence to contest the drink driving charge.

Garda James Keogh was conducting a garda checkpoint at Haggards Green, on the N77 Callan bypass, with Garda Ger O’Leary, on the night in question.
The gardaí had a patrol vehicle with flashing lights, were wearing reflective clothing, were located under street lighting and had flashlights.
A car travelling from Clonmel to Kilkenny was stopped by Garda O’Leary and Garda Keogh was on the other side of the road.

Garda Keogh noticed a vehicle approaching from the Kilkenny City direction. He raised his hand to indicate it should stop.
The car was travelling at the speed limit for the road, 100kph, the garda said and it didn’t seem to be slowing for the checkpoint. The garda flashed his torch and kept his hand raised.

Garda Keogh said it came to a point when he knew the vehicle was not going to stop. He warned Garda O’Leary and stepped back to the side of the road. The van passed without slowing.

The gardaí followed in their patrol vehicle. About 2km further along the road the van indicated and safely pulled in, to the left, at Prologue, Callan.

Garda Keogh spoke to the driver, Mr Purcell, who was driving a Volkswagen Caddy van, and the single occupant of the vehicle.
The garda smelled alcohol on Mr Purcell’s breath and his speech was slurred. Garda Keogh formed the opinion the driver was under the influence of an intoxicant to such an extent that he was incapable of being in proper control of a vehicle.
Mr Purcell was arrested and taken to Kilkenny Garda Station.

At the garda station Mr Purcell attempted to give breath samples for the Evidenzer machine, but was unable to give the required second sample despite five attempts.
A doctor was called and Mr Purcell provided a urine sample for analysis. It proved to have a level of 219mgs of alcohol per 100mls of urine.

Garda Ger O’Leary gave corroborating evidence.
The court then heard a legal application from Mr Purcell’s counsel, John Dunning, that not stopping, while it warranted criticism, was not dangerous driving.

Judge Geraldine Carthy said it was a clear checkpoint and the defendant didn’t stop. She was satisfied to convict on the lesser charge of careless driving instead of dangerous driving.
Mr Purcell was fined €500 for careless driving.
He was also convicted of drink driving and fined €750. He was disqualified from driving for three years. Recognisance was fixed in the event of an appeal.