The case was heard in Naas
A man, who told Kilcock District Court that he was going to his car only to resolve an debate over a Kilcock poem, was cleared of a charge of being drunk in charge of his car.
Sean Coyne (59), with an address at Harris Hill, Kilcock, appeared at the March 6 court sitting, charged with being drunk in charge on January 3, 2017.
Garda Dan Broderick told the court he saw Mr Coyne getting into his car, which was parked closed to Maynooth Garda station and ten yards from the Roost pub, around 10pm on the night in question.
He said the defendant turned on the car’s engine and its lights. Mr Coyne then turned and his eyes met those of Garda Broderick.
He got out of the car and walked back towards the Roost pub.
The garda said he believed Mr Coyne intended to drive.
After he approached Mr Coyne, he asked to see the latter's driving licence and Mr Coyne, stating he was drunk, asked why he should show him his driving licence.
Tests showed that Mr Coyne, who said in evidence he had five pints, had a 47mg breath reading.
Mr Coyne, who was represented by solicitor, David Powderly, said in evidence that he was only going to his car to get a tape or a CD, to resolve a debated about a poem, The Lay of Kilcock, about a Kilcock man meeting St Peter at the gates of heaven.
The defendant said he could recite half of the poem.
He did so and explained about St Peter talking to the Kilcock man at the gates of heaven.
Mr Coyne said his father came to Kilcock in 1957 and he lived there since 1958.
Garda Broderick said Mr Coyne could have ejected the CD without turning on the engine but the defendant said he had to turn on the engine in the car to get the CD, which was made by the Kilcock Men’s Shed.
Garda Broderick said that Mr Coyne had not mentioned the tape to him when he first spoke to him.
The court heard Mr Coyne was going to go home by taxi or get a lift.
Judge Desmond Zaidan said that he had to be sure beyond all reasonable doubt that Mr Coyne intended to drive. He opted to dismiss the charge.