An Italian national was convicted at Letterkenny District Court of a number road traffic offences including drink driving and careless driving arising from two separate incidents.
Franco Cinquemani with addresses at 72 Thornberry and 15 Meadowbank, both Letterkenny, admitted the careless driving charge but contested the drink driving charge.
The court heard off duty garda Greg Meehan called gardaí after he became concerned
at a vehicle driving that overtook him on two occasions at speed at Kiltoy on September 25, 2009.
Garda Karen Walsh arrived at the scene 2.15am and stopped the vehicle. She said there was a strong smell of alcohol from the defendant and he was unsteady on his feet when he got out of the car.
She added he admitted having “a couple of glasses of wine.”
In Letterkenny Garda Station a test returned a reading of 48 microgrammes per 100 millilitres of breath.
Solicitor Frank Dorrian, questioned garda on the accuracy of her contemporaneous notes on the night. She admitted she filled the noted in after she had dealt with Cinquemani and drove his car back to the station, but added this no more than 15 minutes later.
Inspector David Joyce added the notes are generally completed “when it was practical.”
Mr Dorrian also said his client had claimed he signed his custody record before the garda did as was the requirement.
Judge Seamus Hughes said the state had proved it case but he added he was not happy with Garda Walsh’s evidence relating to the recording of her notes, particularly relating to the recording of times.
He fined him €750 and disqualified him from driving for two years.
The hit and run and careless driving charges related to an incident at Ramelton Road on August 24, 2008.
Inspector Joyce said they received a report from a motorist who had pulled up at a junction and the car in front of her reversed back into her car, nudging it a number of times.
The court heard Cinquemani acted in an intimidating manner by waving his arms and staring at the female motorist via the rear view mirror.
His solicitor said the whole incident “reads dramatically” but his client over ran the white line at the junction while stopping for a red light and was trying to get back and the only damage reported was a cracked number plate.
Judge Hughes fined him €250 for careless driving. For failing to remain at the scene of an accident he was fined €100 and disqualified from driving for one year to run concurrently with the drink driving disqualification.
