The case was heard at Naas District Court on Thursday.
A Kildare man who was found asleep in his car which was stopped almost entirely on the road faced a charge of being drunk in charge of a vehicle at Naas District Court yesterday, Thursday, September 7.
Henry Cahill, 40, with an address listed as 2962 Maryville Gove, Melitta, Kildare pleaded not guilty to the charge.
He was found by Gardai on July 17 near Mylerstown Cross, Nurney. Garda Sharon O’Shaughnessy told Judge Desmond Zaidan that they came across the defendant in the driver’s seat of his car, which was “parked dangerously on the Nurney Road.
“Only the left front wheel was on the grass.”
Mr Cahill, she said, was asleep when she knocked on the window. There was a strong smell of alcohol and the engine of the car was on. She said that she asked where they defendant had come from and he referenced the name of a pub.
She concluded that it looked as if the defendant had fallen asleep while driving and that this was simply where it had come to rest. She added that her colleague Garda Whelan had moved the car in off the road into a gateway.
This came as a surprise to Conal Boyce who was defending Mr Cahill.
“My client’s evidence will be that his car was not capable of being driven,” he said.
Garda Whelan was clear that the car was capable of being driven and that he drove it as his colleague had outlined. He added that there was a strong smell of urine in the car before he entered it and once he sat into it, he understood where that smell had come from.
The defendant admitted that he had been drinking in Booleigh, but that he had ceased driving because the car had a problem. He claimed that “a couple of boys” had come to his aid and pushed the car in off the road onto the grass verge and that later than night he had contacted a friend, Billy Gray, to remove the car. He said that Mr Gray had had to use a booster the following day to start the car. Mr Gray was not in court to give supporting evidence.
The defendant admitted to the judge that he would “probably” have driven the car if it had started.
Mr Cahill was found guilty of the offence.
He has a drink driving conviction dating back 10 years and another for driving without insurance. He is employed as the driver of a digger, Mr Boyce told the court.
He was fined €600 and disqualified from driving for two years.
“You’ve wasted my time,” the Judge told him in conclusion.