Driver believed garda was in a ‘relationship’ with his wife

A driver living in Thurles who was found guilty of refusing to give breath samples to gardaí, believed that the garda who stopped him was having a “relationship” with his wife.

Garda Paul Hogan was on patrol in Thurles on April 30, 2020, when he observed a silver Mercedes passing by him on Mitchel Street, at about 6.15pm. Garda Hogan told Judge Elizabeth MacGrath that he observed the driver, Guntis Berzlaps, and had “concerns as to whether he should be driving”.

Mr Berzlaps, of 3 Quarry Mews, Mitchel Street, Thurles, drove into Butler Court. Garda Hogan spoke with Mr Berzlaps, and while doing so, detected a strong smell of intoxicating liquor.

Mr Berzlaps’ speech was slurred. Garda Hogan formed the opinion that Mr Berzlaps was so intoxicated as to be incapable of properly controlling a motor vehicle.

At this point, Mr Berzlaps said he “believed I was in a relationship with his wife,” Garda Hogan told the Court. “This was most definitely a case of mistaken identity,” he said. “He was abusive and he walked away. He just refused to engage with me.”

Mr Berzlaps was arrested and he had to be physically restrained with handcuffs “on the ground”. Mr Berzlaps was taken to Templemore Garda Station where they arrived at 7.30pm. “He was very difficult to deal with,” said Garda Hogan. After the 20-minute observation period, Mr Berzlaps was introduced to the Evidenzer machine to give a breath sample, but he “point blank refused”. “He started to talk about me and his wife,” said Garda Hogan. “He just started ranting. There was no logic to anything he was saying. He got fairly abusive. He just sat down and folded his arms, and did not co-operate.” Mr Berzlaps made “no attempt” to co-operate in giving a sample.

Garda Hogan told Inspector James White that Mr Berzlaps had “no issue” with understanding English. “He knew what was going on. He had very colourful English,” said Garda Hogan.

Insp White said Garda Hogan was “more than polite” in describing Mr Berzlaps’ comments to the court.

Judge Elizabeth MacGrath said that, on the basis of the evidence, she found that the necessary proofs had been established to convict Mr Berzlaps of the charges of refusing to give a sample of breath at Butler Court, Mitchel Street, Thurles, and refusing to give two samples of breath at Templemore Garda Station for determining the level of alcohol in his system, on the date in question.

Mr Berzlaps was also charged with having no driving licence or insurance. He has nine previous convictions, including an active suspended sentence imposed at a previous court. Judge MacGrath convicted Mr Berzlaps and issued a bench warrant for his arrest to finalise sentencing.