*The matter was before Ennis District Court.
A judge has told an Ennis man that refusing to provide a sample to Gardaí for suspected drink driving “is the most stupid thing you can do”.
Judge Alec Gabbett made his comment at Ennis District Court before imposing a six year driving ban on Derek McAllister (50) of Springfield, Clonroadmore, Ennis.
Judge Gabbett told Mr McAllister that this was “a rock bottom” moment for him and told him “you need to get help with the drink”.
Judge Gabbett told Mr McAllister that refusing to provide a urine or blood sample for suspected drink driving to Gardaí carries an automatic four year driving ban.
Judge Gabbett said that because this was Mr McAllister’s second conviction of not providing a blood or urine sample, he had no option but to impose a mandatory six year driving ban.
Mr McAllister pleaded guilty to refusing to provide the sample at Ennis Garda Station on April 18th last and his previous conviction for the same offence dated back to 2019.
Judge Gabbett said, “There is a myth going around Co Clare at the moment that it is a great idea not to give Gardaí samples and it is the most stupid thing you can do.”
He said, “First of all, there is very little defence to it. The second is I have to disqualify you mandatorily for the offence. If you had given a sample, you could have ended up with a six month disqualification. That is the problem. Now I have to give you a six-year ban”.
Judge Gabbett told Mr McAllister, “I am very sorry that this is what the law says and I have no discretion on that whatsoever. For someone who is a working man, it is an incredibly harsh sanction but there is little I can do about it”.
He said, “I don’t know who is telling people not to give samples. It is the most stupid thing you can do”.
In evidence, Sgt Frank O’Grady said that Gardaí had to give chase to Mr McAllister’s vehicle and Mr McAllister drove his car to outside his home at Springfield, Clonroadmore, Ennis on April 18th.
Sgt O’Grady said that Gardaí got a strong smell of intoxicant from him and Mr McAllister was brought to a Garda station where he refused to give a sample.
Sgt O’Grady said that Mr McAllister has a previous conviction for drink driving.
Solicitor, Daragh Hassett said that Mr McAllister “is from Ennis and from a very respectable family”.
He said, “He has been a hard worker all his life and has a difficulty with alcohol which he has now given up”.
Mr Hassett said that when father of three Mr McAllister met Gardaí “he panicked and drove away from them”.
Judge Gabbett said that this is good to hear that Mr McAllister panicked as he was concerned that Mr McAllister had an aversion to Gardaí.
Mr Hassett said, “He is a very mild mannered man.”
Mr Hassett said, “He is working at the moment and will have to re-organise his life and mark this day as a milestone event”.
Judge Gabbett granted a short postponement for the ban to allow Mr McAllister get his affairs in order to November 13th. Judge Gabbett said that he was granting the postponement as Mr McAllister had entered an early plea in the case.
