A motorist who brought an expert from England to challenge the technology of breath-test equipment had sucked rather than blown, a judge said yesterday when he convicted and fined him.
John McCarthy of Fonthill Road, Ballyboden, Dublin, denied failing to provide a breath sample after he was arrested on suspicion of drink-driving on the M50 motorway on February 16th, 2002.
During a two-day case in Dublin District Court, the defence called experts to challenge the breath-test equipment McCarthy was asked to use because he claimed he had tried his best to provide a sample, but without success.
It was argued, therefore, that McCarthy could not be guilty of failing or refusing to provide a sample.
Yesterday, Judge Timothy Lucey said he preferred the evidence of the prosecution, which had also called an expert, and in particular the testimony of one of the gardaí, who said McCarthy had sucked rather than blown into the mouthpiece attached to the breath equipment. There was also McCarthy's own evidence that he had a drink on the date he was arrested.
"I found nothing to suggest anything wrong with the [ breath-test] machine," Judge Lucey added.
The court heard McCarthy had two previous convictions for drink-driving in 1989 and three for driving without insurance in 1983 and 1984.
Judge Lucey banned him from driving for two years and fined him €750. McCarthy's lawyer told the court he would be appealing the ruling.