Disqualified from driving for two years

"IF I can't p**s, I'm not giving blood," Ger Hannafey, 2832 Fr. Murphy Park, Robertstown, told Gardaí after he was stopped at Downings North, Prosperous, on 1 May last.

He was arrested on suspicion of drink driving and undertook to give a urine sample in the Garda station but did not do so and was charged with refusing to do so.

Dr. Aoife Kavanagh, a registered medical practitioner, called by the Garda in the early hours of the morning, told the Court that five minutes after going into the toilet, the defendant asked about the consequences if he could not urinate, having earlier opted not to give a blood sample.

Mr. Hannafey, who admitted to Garda he had a few pints, was not making much effort and made no effort to undo his trousers, Dr. Kavanagh told the Court.

She said about fifteen minutes was a reasonable time to produce urine under the circumstances.

Dr. Kavanagh also told the Court about filling in a call sheet for her work with the K Doc scheme as she had to justify to the scheme why she was not available to see other patients when she was in the Garda Station.

Mr. Hannafey's solicitor, Mr. McInerney, applied for the charge to be dismissed arguing that a number of elements must be beyond reasonable doubt but were not. He declined to call his client to give evidence.

Judge William Hamill decided to convict.

The solicitor said his client, who is married with three children, is a labour and was "foolish" on the day.

Prosecution said he had one previous conviction for an alcohol, S. 49, back in 1991.

Judge Hamill imposed a fine of €400 and disqualified the defendant from driving for two years for the refusal.

The Court also awarded €100 expenses to the doctor, to be paid by the State.


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