Driver had open alcohol cans on floor, Laois court hears
Photo for illustrative purposes only
A PAINTER from Co Kildare was disqualified from driving for four years at Portlaoise District Court after being convicted of drink-driving and driving without insurance.
Mihai Birjovanu (30), Yellow House, Portgloriam, Kilcock was summoned for drink-driving, driving while uninsured and for driving without a driving licence on the M7 at Cappakeel, Portlaoise on 1 May.
Mr Birjovanu was not present when his case was called, which had been listed for a full hearing.
Judge Andrew Cody instructed the prosecution Garda O’Mahoney to proceed with his evidence in the absence of the defendant.
Garda O’Mahoney said that while conducting a speed checkpoint on 1 May at Cappakeel, he clocked a car pass him at a speed of 148km in a 120km/ph zone.
When he stopped the car and tried to speak with the driver, he found it difficult as the defendant said that he had very poor English. He said there was a passenger in the car at the time who understood English and translated to the driver what was happening. He said he also phoned a recognised garda translator who also assisted him.
Garda Mahoney said that while looking into the car, he observed open alcohol cans on the floor and one in the driver side door. He said that he asked for identification from the driver, who told him that he had none on him. However, when the front seat passenger contacted Mr Birjovanu’s employer, he was informed that identifying documents were under the driver’s seat.
The defendant failed a roadside breath test. The defendant later provided a sample of 52mgs of alcohol per 100mls of breath.
Judge Cody convicted Mr Birjovanu of drink-driving and driving without insurance, imposing fines of €750 for each offence, along with separate two-year driving disqualifications. He was also fined €250 for driving without a licence.
