17 Aug 2022

Driving ban for Tipperary student after incident at Clonmel Garda Station

A man received a driving ban and a fine for a road traffic offence at Clonmel District Court.

Owen Fortune of 19 William Street, Clonmel was before the court on two road traffic charges.

On October 13, 2020, he was arrested and brought to Clonmel Garda Station, where he failed to comply with being breathalysed. He was required to exhale into an apparatus to determine the concentration of alcohol in his breath.

He pleaded guilty to this charge, however, he pleaded not guilty to the charge of driving a motor vehicle under the influence of an intoxicant at Powerstown on that date.

Sgt Carol O’Leary told the court that Mr Fortune was observed by a garda reversing dangerously out of a parking space.
When a specimen of blood was tested, Sgt O’Leary said he challenged the doctor’s credentials. She said the defendant began to fidget and pull back, refusing to cooperate with gardaí.

When breath testing was being carried out, he refused to cooperate and inhaled instead of exhaling into the apparatus.
Sgt O’Leary said the defendant has nine previous convictions including for NCT, no insurance and giving false details offences. He has been banned from driving in the past, she added.

Representing himself in court, Mr Fortune said he is studying culinary arts at present and is currently unemployed.

Judge Terence Finn imposed a four-year driving disqualification and a €500 fine on the defendant in relation to the charge at Clonmel Garda Station, and the judge struck out the other charge.

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