A serving member of An Garda Síochána has appeared in court charged with drink-driving.
Matthew Dougan, a 29-year-old of Ashfield, Letterkenny is contesting the charge.
The court was told, Dougan was over twice the legal limit after being arrested by gardai, who found a red Volkswagen Golf overturned on the road at Kiltoy, Letterkenny, on May 6, 2022.
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Dougan, who is charged with drink-driving, appeared at Letterkenny District Court, where his solicitor, Mr Frank Dorrian, told Judge Éiteáin Cunningham that no proof has been given for the time of driving.
Garda Ciaran McGinley told the court that he was working in the communications room at Letterkenny Garda Station when, at 11.55pm on May 6, 2022, he received a report of a road traffic collision at Kiltoy, Letterkenny.
Detective Garda Kilgar Porter said he received a report about an overturned vehicle in the Kiltoy area and made his way to the scene. On arrival, he said he observed a red Volkswagen Golf overturned on the road.
He said he arrived at the scene around midnight and spoke to Dougan, who stated that he was the owner of the vehicle.
Detective Garda Porter said he detected a strong smell of alcohol from Dougan, who was “slurring his words and his eyes were glazed”.
Detective Garda Porter recalled how he asked Dougan if he had been driving and he stated that he was. He told how he asked Dougan if he had been drinking and he stated that he was.
Dougan was arrested and made no reply when cautioned.
The defendant was described as being “cooperative and very polite” at the scene and no handcuffs were required for his arrest.
Detective Garda Declan O'Keefe recalled how he and Detective Garda McLoone accompanied Dougan to Letterkenny Garda Station.
Sergeant Michael Kilcoyne gave evidence of performing a breath test on Dougan. A reading confirmed a concentration of 57 microgrammes of alcohol per 100 millilitres of breath, where the legal limit is 22mg of alcohol per 100ml of breath.
Mr Frank Dorrian, solicitor for Dougan, said there was no evidence given about the time of driving.
State Solicitor for Donegal, Mr Kieran Dillon, said the facts were clear that a Garda received a call, dispatched a car and that Dougan was present at the roadside with fresh debris at the scene.
Mr Dillon said that Dougan admitted to Detective Garda Porter that he was driving.
“In all of the circ*mstances, regarding an assessment of the situation on the time of driving, the court can infer that the driving was within a three-hour period,” he said. “There was a vehicle crashed and overturned and Matthew Dougan was standing outside, where he made admissions that he was driving the vehicle.
“I submit that he has a case to answer.”
Mr Dorrian said that the court was being asked to arrive at a situation where something 'must' have happened or is 'likely' to have happened.
“The time frame for the taking of such samples is within three hours of driving,” Mr Dorrian said. “There is a necessity to prove the time of driving.
“These are essential proofs in the prosecution of driving in excess of the limits. Not by conjecture, there must be other evidence to confirm how it happened and when it happened.
“There is no evidence from anybody as to what time this occurred. This is an equality of arms situation here. The person answers the question and the obvious thing for Detective Garda Porter to do would be to ask him when it happened.”
Mr Dillon argued that the Detective Garda had a conversation to establish facts after finding a vehicle overturned and debris at the scene. He said the incident “must have been contemporaneous”.
Mr Dorrian submitted to the court that “there is no getting away from the fact that essential proofs in drink-driving cases are the time of driving and the fact of driving. There is no other finger pointing here such as 'I heard a loud bang' or 'the vehicle was warm'."
Judge Cunningham said she would consider the matter and adjourned the case until July 9, 2024 at Dungloe District Court.
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