Mercedes car was veering across Louth road in the afternoon
Iryna Maier, The Saltings, Annagassan, Co. Louth, who has no previous convictions, denied the offence which occurred at Mountainstown, Dunleer, on December 17, 2024.
The district court rejected a defence submission that the prosecuting Garda did not say a 'public place' when forming his opinion before arresting the accused.
Gda Aidan Grier gave evidence that at 3.30pm he received notification from Garda Command and Control about a suspected female drink driver in the Dunleer area.
Five minutes later he saw a grey Mercedes driving northbound in the village. It turned left onto Mountain Road. He followed and saw this car veering left and right.
Gda Grier said he activated the blue lights. The other vehicle pulled in after 400m at an entrance to a field.
Ms Maier handed him a full Ukrainian driving licence. She was quite emotional and upset. She was mentioning her home country and her children.
The defendant was slurring her words and when she got out was unsteady on her feet. She failed a roadside breath test.
The witness continued that he arrested Ms Maier at 3.43pm on suspicion of drink driving.
At Drogheda Garda Station she provided two samples of breath which produced an over the limit reading of 103mg of alcohol per 100ml of breath.
Barrister Eoghan Fagan, instructed by solicitor Ruairí Moore, submitted that the officer didn't indicate a public place in respect of forming his opinion and that the arrest and what followed was unlawful.
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Court presenter Sgt John O'Hehir said that the Garda clarified that the location was a public place.
Judge Nicola Andrews said that she was satisfied that all took place in a public place.
The defence did not go into evidence.
Mr Fagan said that Ms Maier had travelled to Ireland on breakout of the conflict in Ukraine. If she returned her eldest son aged 17 would be eligible for military service. Her partner was in the military.
Judge Andrews remarked it was an extremely stressful situation.
Legal aid was granted and the court certified for counsel.
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